When A Wasiyyat Must Be Discharged

Question

Grandfather left money and property behind which is sold and money kept until few matters resolved.

From the will following needs to be done:

Pay kaffarah for missed Salaah.

Pay kaffarah for missed Fast.

Deceased wanted hajj be performed on his name.

Some money be give to masaajid or madresah the heirs agree on.

Should the amount calculated for namaaz and fast be taken out from the money deceased left first or should it be taken out by the heirs according to share stipulated e.g. brothers to give double what sisters must give?

Darul Ifta, Darul Uloom Azaadville · Accepted Answer

The Fidya for missed Salaah, fasts, Haj, and funds bequeathed to organizations should be fulfilled from 1/3 of the estate after discharging burial costs and offsetting debts, if any. This should be done before giving each heir his/her share.

In other words, if the estate is valued at R99000.00 (after discharging burial costs and offsetting debts), then all the abovementioned bequests should be fulfilled from a maximum amount of R33000.00. The remaining R66000.00 will then be distributed amongst the heirs according to the Shari’ee law of succession.

These bequests cannot be fulfilled from the shares that the respective heirs are entitled to receive. However, if the above bequests exceed 1/3 of the total estate value (which in our example is R33000.00) but all the heirs are unanimously willing to contribute towards the fulfillment of these bequests (from their respective shares of the estate) then there is no harm in doing so.

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