Heirs agreeing to give 1/3 of the estate in charity

· 6 Shaʻban 1440 AH1 min readEnglish

Question

If a person did not make wassiyat for charity of 1/3 of the estate in his will, and if all the heirs agree that 1/3 of the estate should be given in charity, will that be permissible?

Answer

If the heirs agree and all the heirs are adults and there is no coercion then too, the right thing will be that each heir receives his share of inheritance and after receiving his share he gives something on behalf of the deceased.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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