What Is the Ruling on Fulfilling Late Father’s Bequest?

Answered by Mawlana Ilyas Patel

Question

We face inheritance issues. My brother threatens to stop donations of verbal bequests (wasiyya) from my late father if we disagree. I’ve asked for the list of supported families, but he refuses, saying we should do our own sadaqa.

I’m worried my father might face consequences since this was verbal and unwitnessed. Should we honor this wasiyya, or can I give sadaqa on my father’s behalf in a different way?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Yes, this verbal bequest (wasiyya) should continue to be honored by the heirs and family.

Your late father’s bequest was witnessed and known to all. You should all continue from one-third of the inheritance until it is finished. Additionally, beyond this, one should give charity on his behalf to various projects. This is a right you owe him.

Mu’adh ibn Jabal (Allah be pleased with him), the Prophet (Allah bless him and give him peace) said: “Indeed, Allah has graciously given you one-third of your wealth (to dispose of) at the time of your death as an increase in your good deeds.” [Dar al-Qutni]

Giving Charity on Behalf of Deceased Parents

Abu Huraira (Allah be pleased with him) reported: A man said to the Prophet (Allah bless him and give him peace), “My father has died, and he left behind some property without drafting a will for it. While his sin be expiated if I give charity on his behalf?” The Prophet said, “Yes.”[Muslim]

After paying burial expenses, paying off debts, and fulfilling bequests totaling up to one-third of the estate, the remaining estate will be distributed among the heirs of your deceased father. [Ibn Abidin, Radd al-Muhtar]

I suggest you contact a local, reliable scholar for guidance on resolving the family matter.

And Allah knows best.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Related Answers

How Should We Handle a Bequest That Conflicts with Islamic Law? – Islam emphasizes transferring wealth after death to heirs, enabling the world to be inhabited and developed with what Allah has blessed us. A bequest is one of the permitted ways Allah allows His servants to allocate their wealth posthumously.

How Much Can a Person Bequeath of Their Property? Upon a person’s death, expenses that can be deducted include funeral and burial costs, debts, and any Islamic will (wasiyya) from one-third of the wealth, including unpaid Zakat or fidya. Remaining assets are then distributed among the inheritors in accordance with Sunni Islamic law, after consulting a scholar or Mufti.

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.