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 3 of 8
- Ibn Masood3 Mar 2022
Distributing firearms belonging to the deceased’s estate
My late father, among other things, left behind two firearms. The rest of the estate has been dissolved. It is just the firearms that are now…
Mufti Mohammed Desai - Jamiat KZN1 Mar 2022
Zakaat on an estate which has not been wound up
The estate of my late father has not been wound up for the last five years due to many legal issues. None of the heirs have received any shares from…
Mufti Ismaeel Bassa - Azaadville15 Feb 2022
Heirs Gifting An Inherited House To Their Mother
“However an heir may dispose of his/her share of inheritance after taking possession of it as he/she wishes, whether by gifting it to one or all of…
- Azaadville9 Feb 2022
Clothing, Shoes And Personal Items Forming Part Of The Estate
Does personal clothing items, shoes etc form part of the deceased estate? If so, how does one place value to such items and who decides on the value?
- Azaadville9 Feb 2022
Delaying The Dissolution Of The Estate
What is the Shar’iah ruling regarding the amount of time a family has to wind up the estate? We have heard that the father could be placed in…
- Jamiat KZN28 Jan 2022
Waiving debts in one’s will
A few Months before my father passed away, he recorded in his will that any debts owed to him by his debtors are waived upon his demise. The debts…
Mufti Ismaeel Bassa - Mufti Online22 Jan 2022
Widow inheriting from the estate of her brother in law
There are three brothers (two died and both were childless), the third brother has 2 kids. Can the widow of one brother ask for the inheritance from…
Mufti Zakaria Makada - Azaadville11 Jan 2022
Bequeathing A Property To Your Step Daughters
I am the right full owner of a property. My daughter and son in law approached me and asked if I was willing to assist them by letting them get a…
- Mufti Online4 Jan 2022
Is a government payout after the demise of a person part of the estate?
My father has passed away recently. He was working in a government school and was supposed to get a lump sum and a pension fund after he retired. He…
Mufti Ebrahim Salejee - Ask Imaam2 Dec 2021
How are the expenses related to the estate to be paid?
Aslm please can you assist us with this... In the case of an estate, how are the expenses related to the estate to be paid? Should it be deducted…
Mahmood Suliman - Ibn Masood22 Nov 2021
Paying legal fees from the estate
Some of the heirs of our later father’s estate are demanding a distribution that is against the Shari’ee law of succession. If the matter goes to…
Mufti Mohammed Desai - Jamiat KZN16 Nov 2021
Can the executor of an estate distribute the estate to the heirs in installments?
I am an executor of an estate. I would like to distribute the estate according to Shariah but I would like to do so in instalments? Is it…
Mufti Ismaeel Bassa - Azaadville14 Nov 2021
Claiming Land At The Time Of Inheritance Due To Paying The Debt On It
A man who had two sons owned a piece of land. During his lifetime, he gave this piece of land as Rahn (mortgage) and while he was still alive the…
- Azaadville9 Nov 2021
Gifting Shares In A Business During A Persons Lifetime
We are 5 brothers and 2 sisters. Off this 3 brothers worked with my father in his businesses from inception. During his lifetime he put the…
- Ask Imaam6 Nov 2021
Deceased parent made investments for his children - What is the status of these funds in the estate?
اسلام عليكم ورحمة الله وبركاته Respected Mufti Saheb Deceased has opened up investment accounts for his children and grandchildren. What is the…
- Azaadville4 Nov 2021
Jointly-Owned Property In A Deceased Estate
4 brothers purchase a property. While paying off the property, one of the brothers pass away. What percentage of the property will be distributed to…
- Azaadville1 Nov 2021Arabic
An Executor Appointing Someone Else To Distribute The Estate
Can the Wasiy (executor of the estate) appoint someone else to make distribution of the estate, even if that person is an heir? What if all the…
- Jamiat KZN25 Oct 2021
Can the wife of the deceased use money from the estate of the deceased?
The wife of the deceased used some money of the deceased after he passed away to build a well on his name and gave some to their grandchildren. Can…
Mufti Ismaeel Bassa - Mufti Online12 Oct 2021
Deceased persons zakaat money forming part of the estate
If a person calculates his zakaat and keeps it separately in an envelope with the intention of discharging it but before discharging it, he passes…
Mufti Ebrahim Salejee - Ask Imaam9 Oct 2021
Are pension payouts included as part of the estate?
Assalam Aleikum Warahmatullah Wabarakatuh. My late husband was paying a certain percentage on his Pension Fund and his Employer also for his…
Hasan Ahmed Razzak - Azaadville22 Sep 2021
Winding Up An Estate
• Valuing assets. If an asset, such as a property, can be valued by different means (eg: municipal/real estate/insurance evaluations) with each…
- Jamiat KZN20 Sep 2021
Does an adopted child inherit from the estate of their adoptive parents?
Does an adopted child and a fostered child through breastfeeding inherit from the estate of their adoptive or foster parents?
Mufti Ismaeel Bassa - Mufti Online29 Aug 2021
Distributing an estate according to an unislamic will
A lady passed away a few weeks ago and left behind a will which was not an Islamic will. 1. What will be the consequences to the deceased if her…
Mufti Ebrahim Salejee - Mufti Online22 Aug 2021
Mother giving her house to her son while she was alive
My mother passed away this year and left behind her house which she gave to me while she was alive (verbally) and at that time, it was accepted by…
Mufti Ebrahim Salejee - Mufti Online22 Aug 2021
Account opened by the husband for the wife forming part of the estate
There were two bank accounts at the time of my husband's death. We both had a joint account and there was another account which he opened on my…
Mufti Zakaria Makada - Azaadville26 Jul 2021
Property Inheritance
We have a scenario My great grandfather left a property in India. He had 2 sons and 2 daughters. But the property was put only on the 2 sons name.…
- Mufti Online19 Jun 2021
Winding up the estate according to an unislamic will
What should be done if a person dies with an un-Islamic will? The will specifies its own heirs and the shares for each person with no Islamic…
Mufti Zakaria Makada - Ask Imaam2 Apr 2021
Gifting items to family after being tested positive for Covid-19
Respected Mufti Saheb My father tested positive for covid virus. He was in isolation and had taken this time to write out a will. He gave me n my…
Hasan Ahmed Razzak - Mufti Online24 Mar 2021
Asking an heir living in a property belonging to the estate to pay a rental
Please advise if it is permissible for a sibling to ask another sibling for rental on an inheritance property during the time of winding and…
Mufti Ebrahim Salejee - Mufti Online18 Mar 2021
Income from a property of a deceased
My father has a property which is on my name. My father gifted my mother a yearly amount from the property over many years when she was alive which…
Mufti Zakaria Makada - Ask Imaam21 Feb 2021
Please can Mufti Saheb advise who are the heirs of the estate
As salaam u alaykum ww Mufti Saheb. I trust you are well. A family member passed away recently. He had 1 wife and only 1 daughter who are both…
Mudassir Benish - Mufti Online11 Feb 2021
Inheritance from a property on rent
We were three brothers and two sisters (all married). Our elder brother lives abroad. While 2 brothers and 2 sisters live in Karachi. We have one…
Mufti Ebrahim Salejee - Jamiat KZN11 Feb 2021
Are pension payouts included as part of the estate? (2/2)
Does this money falls under Inheritance and has to be distributed accordingly among his heirs? Shukraan Jazakah Allah Kheir.
Hasan Ahmed Razzak - Jamiat KZN11 Feb 2021
Are pension payouts included as part of the estate? (1/2)
Assalam Aleikum Warahmatullah Wabarakatuh.
- Mufti Online9 Feb 2021
Writing out a will and giving gifts after testing positive for Covid
My father tested positive for covid virus. He was in isolation and had taken this time to write out a will. He gave me and my mother many gifts in…
Mufti Ebrahim Salejee - Mufti Online6 Feb 2021
Calculating the estates of people who passed away and the order in which they passed away cannot be determined
If a family passes away in a car accident and the order in which they passed away cannot be determined, then how will their estates be worked out?…
Mufti Ebrahim Salejee - Mufti Online13 Jan 2021
Distributing a property owned in a joint venture
My wife and I were working together in the Gulf for the last 17 years and we don't have any children. During our stay in the Gulf, we purchased two…
Mufti Ebrahim Salejee - Mufti Online16 Nov 2020
Gifting a property to one's only daughter during one's lifetime and distribution of inheritance
I have only one daughter. I own a house and no bank balance. 1. Can I gift the house, my complete property to my daughter in my life and give full…
Mufti Zakaria Makada - Mufti Online17 Oct 2020
Using money from an estate to pay for missed salaah, fasts and zakaat
With regards to a sum of R30 000 left behind in a will of a deceased individual, for the following purposes: Zakaat, outstanding fasts, outstanding…
Mufti Zakaria Makada - Mufti Online1 Oct 2020
Distributing the estate in a different currency
Please tell me how will the inheritance of a rental income from Mauritian rupees be paid to the inheritors: 1. Should it be given in Mauritian…
Mufti Zakaria Makada
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.