I have my aunt who is 50 years old and she is not married and she would like to write for me and my sister in her legacy '' Wasiya'' her house..so is this legal in our religion to deprive her sisters and brothers from her money and to give it to us...is she free to give any1 after death? I m very worried abt that ..plz advise me as soon as possible. thank you very much..
In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
There are many aspects, we as Muslim’s ought to take into cognisance in preparation for the journey to the Aakhirah. Death is a reality and is the most certain thing but the actual time of death is something uncertain. Therefore, every Muslim ought to free themselves spiritually, physically and monetarily of unnecessary dilemma at the time of death. We are constantly reminded of this fact and encouraged by our Ulama to write our will whilst we are still alive.
Nevertheless, coming back to the issue at hand, there are many aspects that require thought:
Furthermore, a bequest is subjected to a person’s death and cannot exceed 1\3rd of a person’s possessions. It is not permissible for one to bequest to one’s heirs as this goes contrary to the laws of inheritance.
And Allāh Ta῾āla Knows Best
Ml. Ebrahim bin Khaliel Ahmed Desai,
Student Dārul Iftā
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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