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

Mufti Online137Ask Imaam91Azaadville34Jamiat KZN26Ibn Masood25MUBZ2Camperdown1

The Estate, Debts & Gifts fatawa — page 2 of 8

  1. 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…

  2. 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
  3. 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…

  4. 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…

  5. 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
  6. 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
  7. 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…

  8. 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
  9. 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
  10. 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?…

  11. 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?

  12. 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
  13. 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
  14. 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…

  15. 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
  16. 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
  17. 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
  18. 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…

  19. 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…

  20. 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
  21. 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…

  22. 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
  23. 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?…

  24. 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
  25. Azaadville30 Nov 2022

    Resigning As An Executor Of An Estate

    Can I resign from bing appointed as an executor of an estate?

  26. 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
  27. 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
  28. 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
  29. 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
  30. 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?

  31. 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
  32. 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
  33. 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
  34. 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
  35. 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
  36. 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…

  37. 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…

  38. 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…

  39. 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)?

  40. 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.