Rasûlullâh sallallâhu ‘alayhi wa sallam said:
“Certain men and women engage in the ‘ibâdah of Allah for sixty years. However, at the time of death they make a bequest (wasîyyah) that is contrary to the Shari‘ah and thereby become eligible
Lesson: For example, some people are in the
habit of saying the following at the time of
“A certain item of mine should be given to my grandson. Do not give it to my brother. The
major portion of a certain item should be given to a certain daughter, while the other daughter should receive the lesser amount.”
All this is haram. The masâ’il related to bequests and inheritance should be found out
from an ‘âlim and acted upon. Never act contrary to that which the Sharî ‘ah has prescribed.
Some Important Masaa’il
- Parents, spouses (either the wife or the husband and children will always inherit from the estate of the deceased.
- It is not permissible for a person to bequeath something to any of the three categories of people stated above. For instance one cannot say that “after my demise, my wife must inherit the house”. or my certain son must take the shop.
- Yes, it is permissible for a person to give something as a gift to his son, wife/husband or parent during his lifetime. The gift will only be valid if it is (a) unconditional (b) The person receiving the gift takes immediate possession and is at complete liberty to do whatever he wishes to with the gift. An example is when a man gives a house to the wife. The wife has full rights over the house.
She is free to sell it the next day without her husbands consent and keep the money for herself since the house belonged to her.
- Many a times, women feel shy to take their share and simply gift their share to someone
without taking possession or even knowing what their actual inheritance was. According
to Hadhrat Moulana Thanvi Rahmatullahi alayh, such a “gift” is incorrect. The men
folk should insist that she take possession of her share and keep it with her. After a few
months if she still wishes to give her share to someone, than there is no harm in doing so.