Making a bequest for one's unmarried sister
Question
Is it permissible to bequeath a portion of my estate (a third or less) to my unmarried sister? Will she be considered a part of the heirs if I'm married, have no children? Both my parents are still alive and I have 2 brothers.
Answer
It is not permissible to make a bequest for an heir. Since your sister will not be an heir in your estate in the case where your father is alive at the time of your demise, it is permissible for you to make a bequest for her from one-third of your estate.
However, if at the time of your demise, your father is not alive, then the bequest will not be valid as your sister will also be an heir in your estate. In this case, your wife, mother, two brothers and sister will all inherit from your estate.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved 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/36399
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-36399
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