Distributing Inheritance in one’s lifetime

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Nasihah (Advice): Beware of oppressing one’s heirs

Rasulullah sallahu alaihi wa sallam said, “Sometimes a man and a woman live in the obedience of Allah for sixty years then before they die they cause such harm in their bequests that Jahannam becomes warranted for them.” [I.e. they cause harm to the heirs by either bequeathing more than one third, or they choose to gift all of their wealth to one heir so as to deprive the other heirs etc.] [Sunan Tirmidhi]

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Question and Answer:

A person passed on. One property owned by the deceased was rented by a tenant. The executor of the estate collected the money per month, paid the levies and rates and put the balance in a separate bank account. When the estate was sorted, there was an amount of R100 000 in the account from the rent of this property. Must this money be part of the entire estate or will it be given to the heir who inherits this property?

(Question published as received)

The said rental money belongs to the estate and not to a single heir.

Every heir is a shareholder in the estate property. If it was decided that the property goes to one particular heir then this is with the consent of the other heirs.

Before the said heir receives the property, the ownership of all other heirs remains and hence they are entitled to its rental as per the percentage of their due shares.

After he receives the property, any rentals from the said property will belong solely to him. [Mabsoot 11:151]

And Allah Ta’ala Knows Best

Mufti Moosa Salie

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)

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