Fidyah for a person who suffered from dementia
Question
A man passed away, leaving behind his wife, a son, two daughters, a brother and a sister.
Let's say he left an estate valued at $100,000. He had verbally expressed his wish to give one-third of the estate to charity, but there is no written will.
How should his estate be calculated and distributed according to Islamic inheritance laws?
Additionally, because the deceased was ill for the last six months and suffered from dementia, he was unable to perform Salah (prayers) during that time. Should Fidyah be paid for the missed prayers, and if so, from which portion of the estate?
Answer
If it was just a wish then this is not a bequest.
No. If he had dementia at a level where he could not relate to day to day matters then you will not have to pay any fidyah.
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/35474
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35474
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