Woman making wasiyyat to gift her house to her husband's heirs
Question
I would like to find out if this method is correct. If not, what would be the best method?
A man had a family. His wife passed away then he remarried. Before he passed away, he gifted his house to his wife.
She is living in the house but she made wassiyat for it to be given to her husbands heirs when she passes away.
She has brothers, nephews and nieces (some of them are aware and happy about her decision).
Her husband's heirs were not yet told gifted or made owners of it.
Answer
If her husband's heirs are not her heirs, then the bequest she made in their favour is valid from one third of her estate.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35518
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35518
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