Category: Inheritance
Fatwa#: 19307
Asked Country: Bangladesh

Answered Date: Jun 08,2011

Title: I've heard that if a man distributes all his property among heirs and then his death occurrs, it can be said that he left the world as a poor man. In this process, it can be said that, gathering property is not a problem if it can be distributed before death. Is it true?

Question

I've heard that if a man distributes all his property among heirs and then his death occurrs, it can be said that he left the world as a poor man. In this process, it can be said that, gathering property is not a problem if it can be distributed before death. Is it true?

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

 

5354 -

حَدَّثَنَا مُحَمَّدُ بْنُ كَثِيرٍ، أَخْبَرَنَا سُفْيَانُ، عَنْ سَعْدِ بْنِ إِبْرَاهِيمَ، عَنْ عَامِرِ بْنِ سَعْدٍ، عَنْ سَعْدٍ رَضِيَ اللَّهُ عَنْهُ، قَالَ: كَانَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَعُودُنِي وَأَنَا مَرِيضٌ بِمَكَّةَ، فَقُلْتُ: لِي مَالٌ، أُوصِي بِمَالِي كُلِّهِ؟ قَالَ: «لاَ» قُلْتُ: فَالشَّطْرِ؟ قَالَ: «لاَ» قُلْتُ: فَالثُّلُثِ؟ قَالَ: «الثُّلُثُ وَالثُّلُثُ كَثِيرٌ، أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ فِي أَيْدِيهِمْ، وَمَهْمَا أَنْفَقْتَ فَهُوَ لَكَ صَدَقَةٌ، حَتَّى اللُّقْمَةَ تَرْفَعُهَا فِي فِي امْرَأَتِكَ، وَلَعَلَّ اللَّهَ يَرْفَعُكَ، يَنْتَفِعُ بِكَ نَاسٌ، وَيُضَرُّ بِكَ آخَرُونَ»

(صحيح البخاري 7/ 62)

On the authority of Sad ibn Abi Waqas radiallahu anhu, it is narrated that he said  that the Nabi of Allah salallahu alayhi wasallam visited me at Makkah while I was ill. I said (to him), "I have property; May I bequeath all my property in Allah's Cause?" He said, "No." I said, "Half of it?" He said, "No." I said, "One third of it?" He said, "One-third (is alright), yet it is still too much, for you'd better leave your inheritors wealthy than leave them poor, begging of others. Whatever you spend will be considered a Sadaqah for you, even the morsel of food you put in the mouth of your wife. Perhaps Allah may let you recover, so that some people may benefit by you and others be harmed by you."

It is clear from this Hadīth that:

·        Sayiduna Sa῾d radiallahu anhu was a wealthy person.

·        He wanted to distribute his wealth in his life time.

·        Rasulullah salallahu ῾alayhi wasallam advised him against that.

·        It is better to leave ones wealth as inheritance for ones heirs.

 

And Allah Ta'āla Knows Best,

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

www.daruliftaa.net

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