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


Bequeathing Property to Relatives or Charity


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


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.



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»


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