Fatwa: # 18301
Category: Ramadan
Country: Qatar
Date: 6th October 2009

Title

Matter was related to some jewellery left by a dying mother for her daughter. Grandmother sold it and later used the money for whatever reason and with whatever intention. Price...

Question

This refers to your answer to question no. 18289 which has made me a little confused. I request your clarification on this.

Matter was related to some jewellery left by a dying mother for her daughter. Grandmother sold it and later used the money for whatever reason and with whatever intention. Price of the jewellery (X tolas of gold) at that time was Rs. 7000. The amount now due to the daughter in my opinion should be the price of the same weight of gold i.e. X tolas of gold and not Rs 7000 since motehr left for her daughter jewellery and not cash. Your clarification in this regard is requested.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

When a person passes away, all of his/her wealth is distributed amongst all the heirs.  It is not valid for the deceased to make a will (wasiyyah) of any of his/her wealth for an heir.

In the question, there is no mention of the deceased mother leaving the jewelry as a will for her daughter.  Even if she had done so, the will would not be valid.  The laws of inheritance apply in the jewelry just as they apply in the rest of the deceased’s estate. 

Since the jewelry was sold for Rs. 7,000, the laws of inheritance should have been applied in that Rs. 7,000, which became the replacement for the jewelry.  Since the cash was the replacement of the jewelry, what the current value would have been had the jewelry not been sold is irrelevant.

And Allah knows best

Wassalaamu `alaykum

Ml. Abrar Mirza,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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