Islamic Inheritance

25 Jan 2023 Ref-No#: 4540

If a man does not have any ascendant or descendant but he has some full cousins and sons of full cousins with whom he does not want his wealth to be distributed after he would pass out. Rather he wants to do charity with 1/3 of his total wealth as well as with his rest of the wealth because he says that his cousins are way too rich. Is it permissible?

Answer

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

 

 

 

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

 

Respected Brother in islam,

 

A person may spend his wealth in all possible Ḥalāl avenues during his lifetime. However, the minute he passes away, his wealth leaves his ownership, and the his heirs become the rightful owners of the allotted potion. It does not matter how affluent they might be. This is a divine ordainment, and a human has no choice in the matter.

 

It is highly recommended that you spend during your lifetime. This is when your charity will attract the most rewards. The challenge is for a person to give his wealth in the path of Allāh in his very lifetime.

 

According to the hadith narrated by Abu Huraira (may Allah be pleased with him): “A man had come and asked the Prophet (pbuh): ‘O Allah’s Messenger (pbuh)! What kind of charity is the best?” The Prophet (pbuh) replied. ‘To give in sadaqah (charity) when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ as at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors)”

(Sahih Al-Bukhari Hadith 4.15)

 

If you are confident that your family has enough, then you you have the right to bequeath a maximum of one-third of your possessions to any avenue you deem fit; be it any needy person or mosque or madrassa etc. In this manner, you will receive reward even after your death. The execution of a will on a maximum of one-third of the estate is obligatory upon the heirs while the rest of the two third needs the approval of all the mature heirs.

 

May Allah bless you and your friend with long and healthy life of piety.

 

 

And Allah Ta’āla Knows Best.

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