Distributing interest money, money accrued from aninvestment, and old clothes to heirs

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-570

Question: 

1) There
was some interest monies in the bank accounts of the deceased. Does that become
part of her estate when distributing the shares? There is one minor amongst the
heirs.  What happens to the interest monies that accrues in her account
after her demise till we close the accounts and distribute? 

2) Also,
there were some investments. Profits on these investments are paid out monthly.
What happens to the profits that gather after her demise till the distribution?
Does all of that also form part of the estate? 

3) Old
clothing that belonged to the deceased was given a value and thereafter given
away to needy people.  This value must be paid back to the estate because
of the minor. Must this value be paid back equally by all the heirs or
according to their shares?  The value was said to be R4000. 2 heirs
inherit 10% , 1 heir inherits 5% and 1 heir inherits 25%.


Answer: 

1. The heirs are not permitted to distribute or benefit from the interest money that accrued in the deceased’s account; therefore, they should give the interest money to some underprivileged and needy person without any intention of gaining the reward.i (Shaami Vol. 5 Pg. 99) 

2. In the enquired case, the investments and its profits will be a part of the estate provided that the investment scheme is Shariah-compliant i.e. there is no interest involved. (Takmilah of Shaami Vol. 7 Pg. 530) 

3. In the enquired case, there is no need to return the entire value of the clothing just because there is an unmatured heir; rather, the matured heirs who gave away the clothes etc. to the needy will only secure and reserve the value that the unmatured heir deserves which will be given to him/her when he/she becomes mature, if every matured heir had agreed to give the deceased’s clothes etc. to the unprivileged ones. (Fataawa Mahmudiyyah Vol. 30 Pg. 147) 

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mohsin Khan 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: ١ ذو الحجة ١٤٤٠ 

English Date: 03 August 2019

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