Fatwa: # 45507
Category: Jurisprudence and Rulings...
Country: African Country
Date: 21st June 2020

Title

Can we donate the clothing & other personal items of our deceased father?

Question

Assalamu aleikum wa rahmatullahi wa barakaatuhu Respected Mufti Saheb, 

 My Respected father passed away on the 21st night of Ramadhan. A humble request for Du'as for him. 

I wanted to ask regarding his personal items, specifically his clothes, shoes and medical supplies which were remaining. My brother suggested that if we all (heirs) agree, these items could be donated to the poor and needy. If we all agree to the distribution, will it be valid? 

 Humbly requesting for a reply, since the matter is a bit urgent; we would like the items distributed before Eid Inshallah so that the poor could benefit more. 

Jazakumullahu kheiran katheeran, 

Answer

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

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

We apologise for the late response. This was due to the lockdown circumstances.

In principle, if all the heirs are adults and they agree to donate your father’s items, then it will be permissible to donate your father’s personal items.

If any of the heirs are minors, then it will not be permissible to donate your father’s items. The heirs may calculate the value of the items and grant the minor the value of his share. Thereafter, you may donate the clothing and other items.[1][2][3]

And Allah Ta’āla Knows Best

Abu ‘Umar Muhammad bin Zayn Patel

Student Darul Iftaa
South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

 

 

 

 


[1]

شرح مختصر الطحاوي للجصاص (3/ 89)

وكذلك إذا أوصى بجميع ماله، كان ما فوق الثلث موقوفا على إجازة الورثة، فإن أجازوه: جاز.

 

 

[2]

شرح مختصر الطحاوي للجصاص (8/ 299)

وذلك لأن الوصية بجميع المال موقوفة على إجازة الورثة؛

 

[3]

العناية شرح الهداية - البابرتي (16/ 191)

( إذَا كَانَ يَخْرُجُ مِنْ الثُّلُثِ ) احْتِرَازٌ عَمَّا إذَا لَمْ يَخْرُجْ فَإِنَّهُ لَيْسَ لَهُ الْإِخْرَاجُ إلَى أَهْلِهِ إلَّا بِإِجَازَةِ الْوَرَثَةِ

 

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