Can Estate Cash Be Used for Property-related Expenses Before Distributing to the Heirs?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Should the cash from my late grandmother’s estate be distributed immediately among heirs, or can it be retained for property-related expenses before distribution?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
If heirs agree, cash from the estate can be used for essential property-related expenses (e.g., taxes, unpaid bills) before distribution. However, the heirs should handle non-essential costs after receiving their shares. Mutual consultation is necessary and key to ensuring fairness.
A deceased’s entire estate must be gathered, and heirs should be informed and consulted before making any decisions. The estate distribution follows this order:
- Funeral expenses – Covered first.
- Debt repayment – Any outstanding debts must be settled.
- Execution of a will (wasiyya) – Up to one-third may be allocated to non-heirs.
- Distribution to heirs – The remaining estate is divided according to the Quranic allocated share. [Sajawandi, al-Siraji Fi al-Mirath]
I would advise you to consult a reliable local scholar on the specifics of your situation, sensitivity, and family details, and sit down to discuss and distribute the inheritance accordingly.
Please go through the valuable answers and links below. Insha’Allah, they will provide you with guidance and direction.
Related: Inheritance Law Archives—SeekersGuidance
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
