Inheritance

· 1 Muharram 1439 AH1 min readEnglish

Question

My husband passed away three weeks ago. How soon should his children tend to his will? I have no idea where he drew up his will. According to what I know his two daughters from his late wife were gifted all the properties except one as they were conceived out of wedlock. The other property I was told, I inherit an eighth. Is it not a quarter as his daughters are haraam? Also the said property has debt and so has the properties that he gifted to his children. Does the property I inherit from have to cover the debt of the properties his daughters were gifted and only after those debts are paid do I get my share?

Answer

The properties that were gifted with transfer in his lifetime do not come under his estate. The rest of his assets will come under the shar`ee law of winding an estate.

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

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.