Mufti Online — Madrasah Ta'leemuddeen

Elderly father receiving a share of inheritance after his son passes away

· 17 Jumada II 1444 AH1 min readEnglish

Question

If a man passes away and he leaves his elderly father behind, who is very old and bedridden, what happens to his share of the inheritance? Will it go to the elderly children or will there be no portion in the inheritance for the elderly father? He also left behind a wife, one son and one daughter.

Answer

If the elderly father is mentally stable, then his share should be given to him. If he is not mentally stable and unable to manage his affairs, then his share should be spent upon him and used for his benefit by those who are looking after him.

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

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/33578
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-33578

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