Inheritance & Wills · Subtopic
The Estate, Debts & Gifts
316 fatawa from 7 South African Darul Iftas on The Estate, Debts & Gifts, part of Inheritance & Wills. Newest first; every fatwa links to the page where its Darul Ifta published it.
Subtopics are grouped from each Darul Ifta’s own categories and the fatwa titles, so the count is approximate.
By Darul Ifta
The Estate, Debts & Gifts fatawa — page 2 of 8
- MUBZ16 Aug 2024
Gifting Property to Children but Keeping the Income
السلام عليكم ورحمة الله وبركاته Respected mufti I’ve been asked regarding the permissability of the following as far as inheritance/bequest is…
- Ibn Masood28 Jul 2024
Outstanding Debts Of Deceased
Please confirm if it Sunnah to announce at a Mayyit if the Marhoom is owing any money, or if anyone has any claims, to contact the family?
Mufti Mohammed Desai Saheb - MUBZ16 Jun 2024
Estate Queries
Aslm Mufti I hope you are well. Please see the below question with regards to a deceased estate. 1a) When doing the calculation of a property to…
- Azaadville30 May 2024
Debt On A Contract
If you pass away owing money on a contract such as a gym contract, is it the same as if you would owe an individual or another account? What if you…
- Jamiat KZN24 Apr 2024
Estate Share of a Predeceased Child & Per Stirpes Clause (2/2)
The Jamiat had previously sent out a Q&A titled: “Estate Share of a Predeceased Child” in which the Islamic rule was given that the children of…
Mufti Moosa Salie - Jamiat KZN24 Apr 2024
Estate Share of a Predeceased Child & Per Stirpes Clause (1/2)
I have a question about Islamic inheritance law. Specifically, I would like clarification on the rights of a son who predeceased his mother. In such…
Per Stirpes Clause - Azaadville15 Mar 2024
Settling A Debt To Heirs Of An Estate With Shares
Please advise me as to the following situation: Someone owed my late father (may ALLAH grant him Jannatul Firdous) money, but instead of paying it…
- Ibn Masood5 Dec 2023
Delaying winding up of estate due to debt
My late husband and I had a debt of a bond on a second property, together with a large outstanding rates debt. Some family members are not…
Mufti Mohammed Desai - Ibn Masood21 Nov 2023
Debt owed to deceased’s estate
My late father passed away recently and we are finalizing the estate. The heirs are my mother, my brother and myself. My father loaned R100 000 to…
Maulana Ahmed Saeed - Azaadville18 Nov 2023
What To Do With The Remainder From A Wasiyyat Totalling Less Than A Third Of The Estate
A person makes Wasiyyat that one third of a person’s Kaffarah for Salaah be paid from the estate. What if the Kaffarah works out less than 1/3rd?…
- Azaadville28 Oct 2023
Declaring Insolvency To Avoid Settling The Debts Of A Deceased
If a person passes away. He owes the bank money. The family member declares insolvency to the bank. But the decease has a property. Is this right?
- Ibn Masood20 Sep 2023
Father gifting property to his son
If a father signed over and transferred a house to his son, but he still oversees and manages the affairs of the house as is common nowadays, and…
Maulana Abdul Kader Fazlani - Mufti Online10 Aug 2023
Female being an executor of an estate
Can a female be an executor in a will according to Shari’ah?
Mufti Ebrahim Salejee - Azaadville19 Jul 2023
When The Legal Costs In An Estate Must Be Settled
My Dad passed away and left behind an Islamic Will in which he made a Wassiyat that we should discharge 1/3 of the inheritance towards settling his…
- Ibn Masood11 Jul 2023
Gifting assets to remaining spouse
Is it permissible for a father to say to his children, “If something happens to me, then I have gifted/given everything I own to your mother” and…
Mufti Mohammed Desai - Ibn Masood9 Jun 2023
Hajj savings part of deceased’s estate
My mother had saved up some money for Hajj, but she passed away before she could perform Hajj. Does the money form a part of her estate?
Mufti Mohammed Desai - Ibn Masood22 May 2023
Distributing household items belonging to the estate amongst the heirs
Alhamdulillah, we distributed my late mother’s real property, but Mufti Saheb, now we are confused about the personal belongings like pots, spices,…
Mufti Mohammed Desai - Azaadville4 May 2023
(COP) Community of Property And Distribution Of An Estate
An old couple married + 55 years ago and the husband decided in their early stages of marriage to be court married on the Community of Property…
- Azaadville3 Apr 2023
A Non-Owner Selling A Property Belonging To Heirs In An Estate
My father passed away leaving behind 1 son and 10 daughters as heirs. My fathers property was a piece of land. One of the heirs husband (my sisters…
- Jamiat KZN8 Mar 2023
Claims from the estate for past contributions
Q. A widow has 2 brothers that do not support her, and 2 daughters who are not earning/working. She does not have sufficient funds to completely…
Mufti Moosa Salie - Azaadville23 Feb 2023
Estate Duty
A person passed away, his family have inherited all of his assets, however, they also have to pay his estate duty. Would we consider the estate duty…
- Ibn Masood15 Feb 2023
Disposing of interest from estate
I’m an executor of my late father’s estate. Through the years, income and expenses were deposited and paid out from a separate bank account on my…
Mufti Mohammed Desai - Azaadville6 Jan 2023
A Wasiyyat (Bequest) Made For Less Than A Third Of The Value Of An Estate
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?…
- Ibn Masood12 Dec 2022
Estate duties
My brother sold his house to me during his lifetime. I paid for the house but it was not transferred onto my name. He left behind a huge estate and…
Mufti Mohammed Desai - Azaadville30 Nov 2022
Resigning As An Executor Of An Estate
Can I resign from bing appointed as an executor of an estate?
- Mufti Online27 Nov 2022
Redistributing an estate that was not distributed according to Shariah
I have a question regarding inheritance. Me and my siblings are in total 8; 3 brothers and 5 sisters. After the death of my mother, who passed away…
Mufti Ebrahim Salejee - Mufti Online20 Nov 2022
Father distributing his wealth during his lifetime
My father distributed his estate during his lifetime. The following questions come to mind: 1. If it was given away in his lifetime, was it…
Mufti Ebrahim Salejee - Mufti Online1 Nov 2022
Gifting one's property to one's wife and daughters in one's lifetime
I want to ask regarding inheritance. I have 3 daughters, so at present when I pass away, after my wife and daughters receive their share, the…
Mufti Zakaria Makada - Mufti Online19 Oct 2022
Gifting an item to a person upon one's death
Please could I get clarity on the following regarding wills: If a person wants a particular relative to receive a particular item upon his/her…
Mufti Zakaria Makada - Jamiat KZN17 Oct 2022
Settling the debts of the estate from Lillah Funds
If there are debts in an estate, can family members use their own Zakaat money to pay off the debts in the estate?
- Mufti Online3 Oct 2022
Giving one's inheritance to one's adopted child
If a man has no children, can he allot all his inheritance to his one adopted child? If a man has no children but has nieces and nephews, so he…
Mufti Zakaria Makada - Ibn Masood14 Sep 2022
Distribution of an estate
My Father past away on the 23rd of December 2020. The deceased leaves behind 3 sons, his mother and his wife. He leaves behind 3 properties with…
Mufti Mohammed Desai - Mufti Online10 Sep 2022
Receiving items of inheritance as a gift from the heirs of one's friend
I am an expat in Saudi Arabia. One of my friends passed away here last December and his family had to move back to India. They sold most of the…
Mufti Zakaria Makada - Mufti Online1 Sep 2022
Distribution of assets purchased from the profits of an inherited property that was not distributed immediately after death
I have a question regarding property issue as my father died almost 25 years ago and we are 7 brothers and 5 sisters living with mother…
Mufti Ebrahim Salejee - Mufti Online4 Aug 2022
Distributing properties of an estate according to share of inheritance
Our father passed away recently leaving behind one house, 3 plots, 2 shops and 2 flats. We, the 6 baligh heirs (one widow, one brother and 4…
Mufti Ebrahim Salejee - Azaadville27 May 2022
Profits From A Business In An Undistributed Estate
When a man dies and he has a business. Now two of his sons run the business after his death. He has four sons. After five years, they wish to settle…
- Azaadville26 Apr 2022
Profits Accruing On A Deceased’s Estate
There were some investments. Profits on these investments are paid out monthly. What happens to the profits that gather after the demise of the…
- Azaadville26 Apr 2022
Interest Funds In A Deceased’s Estate
There was some interest monies in the bank accounts of the deceased. Does that become part of her estate when distributing the shares? There is one…
- Azaadville19 Apr 2022
Heirs Demanding That An Estate Be Shared Equally
Can the three daughters demand or compel or claim as their right to the son to divide the inheritance as per the Father’s wish (to divide equally)?
- Ibn Masood5 Mar 2022
Executor appointing an heir to assist with the distribution of the estate
Can an executor appoint one of the heirs to assist him in attending to the distribution of the estate?
Mufti Mohammed Desai
Read-only index of fatawa already published by South African Darul Iftas, each linked to its original. Not a fatwa service — for your own situation, ask the issuing Darul Ifta.