Delaying The Dissolution Of The Estate
Question
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 difficulty in the Qabr if his estate distribution is delayed? Kindly elaborate.
Answer
Shariat encourages us to distribute and dissolve the estate of the deceased as soon as possible. One should diligently, under the guidance of an experienced Aalim distribute the estate in accordance with Shariat. Fulfilling the Marhoom’s debts should be priority as this is the cause for the Mayyit suffering in the Qabr. The following Hadith which is found in Tirmidi Shareef informs us of this:
Nabee Sallallahu Alayhi Wa Sallam “The soul of a believer remains suspended due to his outstanding debt/s until it is discharged on his behalf”
Whatever remains after discharging burial expenses, debts and bequests is the right of the heirs. Their rights should thus be fulfilled as timeously and amicably as possible. Due to legal constraints of winding up the estate through the legal channels, there could be a delay that is beyond the control of the executors and heirs, but that would be acceptable. However, the dissolution of the estate should be treated as a matter of urgency and there should be no unwarranted delay, as it entails the
rights of others and thus should be fulfilled as swiftly as possible.
References (Arabic / Urdu sources)
(الترمذي ص ٣٨١ ج٣ رقم ١٠٧٨)
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/delaying-the-dissolution-of-the-estate/12634/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-12634
People also ask
Can the distribution of an estate be delayed?
“If winding up or dissolving of the estate is delayed so that the outstanding debts on the property can be settled, then doing so will be acceptable with the proviso that all the heirs are in agreement with the said arrangement.”
Ibn Masood · 10 fatawa from 3 Darul Iftas on this
What the Darul Iftas say