Mufti Online — Madrasah Ta'leemuddeen

Making a bequest that the estate be distributed unequally

· 9 Jumada II 1438 AH1 min readEnglish

Question

If a widow with several sons (no daughters) passes away and she previously made a verbal request in the presence of all her sons that her estate (only money) should be divided unequally between them (she specified how much each should receive), should this be obeyed or should the estate be distributed equally among the sons?

Answer

Her estate must be distributed according to the shar`ee stipulations. Her bequest in this regard is not valid.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/19087
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-19087

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