A Wasiyyat (Bequest) Made For Less Than A Third Of The Value Of An Estate
Question
A person makes wasiyyat that one third of his kaffarah namaazes be paid from the estate.
What if the kaffarah namazes works out less than 1/3rd? What will be done with the balance of the one third?
Answer
If the Fidyah calculated turns out to be less than one third of the deceased’s estate, then that which is left from the one third will be added to the rest of the estate and then distributed among the surviving heirs, according to the shares.
References (Arabic / Urdu sources)
الدر المختار مع رد المحتار ج ٩ ص ٦٥٠-٦٥٢ سعيد
الدر المختار مع رد المحتار ج ٢ ص ٧٢-٧٣ سعيد
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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