Wasiyyah of selling bangles

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-563

Question: 

A lady when
healthy and not sick told her brother and his wife, we must go for umrah and
they must take the gold bangles she has for their expenses for umrah ( 
she never give it to them then to take home) after a few months later she got
sick and six months later passed away.

She is
survived by one sister and five brother

No husband

No
grandparents

No parents

No children

Does the
above effect her estate distribution? 


Answer: 

In regards to the statement in your query, “We must go for Umrah …..” refers to the brother and his wife undertaking a trip for Umrah together with the Marhooma and she will in return compensate them for their expenses with the bangles.

If the Umrah trip never materialized there is no question of the bangles going to the brother and his wife, since no expenses were incurred.

On the other hand, if the trip did materialize but the brother and his wife didn’t take the bangles in lieu of their expenses (in her lifetime) and she has now passed on, then

the brother and his wife do not become owners of the bangles.

This is based on the fact that the bangles were given to the brother and his wife as a gift by the Marhooma in her lifetime were in lieu of the expenses incurred by him/them. For the gifting process to be valid, it was necessary that the Marhooma’s brother and his wife took physical possession of the gifts (bangles) in her lifetime, which obviously did not happen. The gifting process will therefore be considered as invalid. The bangles should therefore be shared amongst the heirs according to Shari’ee law of succession.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

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

Date: 24 Dhul Qa’dah 1440  English Date: 27 July 2019

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