Making wasiyyat for one's jewellery to be donated to a musjid
Question
An old lady died. Before her death she said that all her gold ornaments should be given to a mosque. She has one elder and one younger brother. She used to take care of them. Now her brother and sister is financially suffering. The sister is a widow and 85 years old with no child and the brother is 70 years old with 3 daughters. Can her brother and sister take some amount of the jewellery for their living and medical expenses. How much can they take?
Answer
If the only assets she left behind was the jewellery then only one-third of the jewellery will go to the musjid. The rest will be distributed among her heirs.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/29263
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-29263
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