Bequest for an heir

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-489

Question: 

My
mother was terminally ill, About two weeks before she passed away, she
requested that her wealth be given to my father. She did not specify now or
later she just said “Give my money to daddy” (he told her that he was in
financial difficulties but after her death we see that he doesn’t have any
debts). At the time some agreed to fulfill her wish and gave up their share,
others were not so keen but also agreed.



What is the mas’ala regarding this wealth? Do we honor her dying wish? Or take
back the money?

We are 5 sisters and no brothers.


Answer: 

To make a bequest in favor of the heirs is not permissible.

For this reason, by your mother saying that the wealth should go to your father will not entitle your father to get a greater portion from the wealth of inheritance than what is prescribed and allocated for him by Shari’ah, and it is not necessary to fulfil the wish of your mother.

If any or all of the sisters happily give their share/s to their father then she/they can do so. (Shaami Vol. 6 Pg. 656) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mohmmad Anas Khan 


CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 
Islamic Date:١٩ الشوال المكرم ١44٠  English Date: 23 June 2019

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