Fatwa: # 35774
Category: Charity, Obligatory (Zakaat)
Country: Pakistan
Date: 11th April 2019

Title

Bequeathing Property to Relatives or Charity

Question

I don't have children of my own, and my husband has bought property under my name. I want to know, if I should give the name of my brother in laws' children in the will, or should I donate it to charity? Please let me know the right way

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, if you are survived only by your husband, he will be the sole beneficiary of your estate. A bequest may be made of up to one-third of a person’s estate. If you choose to bequeath one-third of your estate or less, your husband will receive the remainder.

By bequeathing your property to your brother-in-law’s children, you will receive the reward of charity as well as the reward of joining family ties.[1]

 

And Allah Ta‘ālā Knows Best.

Checked and Approved by:
Mufti Ebrahim Desai.

 

 

 

 

 


[1]

مختصر القدوري (ص: 242)

الوصية غير واجبة وهي مستحبة ولا تجوز الوصية لوارث إلا أن يجيزها الورثة ولا يجوز الوصية بما زاد على الثلث

سنن النسائي (٥/٩٢)

٢٥٨٢ - أَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ الْأَعَلَى، قَالَ: حَدَّثَنَا خَالِدٌ، قَالَ: حَدَّثَنَا ابْنُ عَوْنٍ، عَنْ حَفْصَةَ، عَنْ أُمِّ الرَّائِحِ، عَنْ سَلْمَانَ بْنِ عَامِرٍ، عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «إِنَّ الصَّدَقَةَ عَلَى الْمِسْكِينِ صَدَقَةٌ، وَعَلَى ذِي الرَّحِمِ اثْنَتَانِ صَدَقَةٌ وَصِلَةٌ»

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]