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Decreasing an heir’s share due prior benefits received

Nasihah (Advice): Negligence in gaining wealth

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Rasulullah Sallallahu Alayhi wa Sallam said: “A time will come when one will not care how one gains one’s money, Halaal (legally) or Haraam (illegally).” (Bukhari)

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Question and Answer:

 

  1. My mother’s house was on sale for R1 000 000. My mother sold her house to my sister for R700 000.00 at a discount of R300 000. Is it Islamically correct for my mother’s will to reflect that my sister has received her discounted share of the sale of the house-R300 000 as inheritance and exclude my sister from inheriting “again” from my mother’s estate?

 

 

  1. A gift or sale of a deceased person concluded in his/her lifetime does not affect the shares of inheritance of the deceased’s heirs after his/her demise. Hence, if your mother sold her house to your sister at a discounted price in her lifetime, your sister will still be entitled to her full share of inheritance after your mother’s demise as a legal heir. Therefore, the discounted price of the sale of the house to your sister in your mother’s lifetime cannot be deducted from your sister’s share of inheritance.

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation: 

Mufti Ebrahim Desai

 

(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

Twitter:@JamiatKZN

 

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