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Leaving behind wealth for one’s heirs

JAMIATUL ULAMA KZN DAILY Q&A

Announcement: Jamiat Perpetual Salaah timetables for Durban, South Africa can be collected free from the Jamiat head office, 223 Alpine Road, Durban. These are useful in determining Salaah, Suhoor and Iftaar times all year round.

Nasihah (Advice): The reward of Fajr and Esha in congregation:

Rasulullah (Sallallahu Alaihi Wasallam) said: “Whoever prays Esha (the night prayer) in congregation will be rewarded as though he spent half the night in prayer and whoever prays Esha and Fajr (the morning prayer) in congregation will be rewarded as though he spent the entire night in prayer” (Abu Dawood, Hadith #: 555, Narrated by Uthmaan)

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Question and Answer:Q. All my children are grown and independent. I would like to bequeath my entire estate to a charitable organization. Can I do this?

A. It is emphasized on a person who has assets in his/her lifetime to leave behind some wealth for his/her heirs. This was the advice of Rasulullah (Sallallahu Alaihi Wasallam) where he advised Sayyiduna Sa’ad (Radiyallahu Anhu) against bequeathing all his wealth to a charitable cause. So Sa’ad asked, “Can I bequeath half my wealth?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “No. Then Sa’ad asked, “Can I bequeath one third?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “(Ok), one third but one third is also a lot, it is better that you leave your heirs with some wealth so that they remeain independent instead of leaving them with nothing where they have to ask others for assistance”. (Sahih al-Bukhari, Hadith #: 2742)

From the above Hadith, it is understood that a person is not allowed to bequeath more than one third of his/her estate. If more than one third has been bequeathed, only one third will be valid as a bequest and the remaining two thirds will belong to the heirs.

Therefore, you cannot bequeath more than one third to the charitable organization. You may bequeath up to one third if you wish.

And Allah Knows Best

Mufti Suhail Tarmahomed

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