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Heirs agreeing to give 1/3 of the estate in charity

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If a person did not make wassiyat for charity of 1/3 of the estate in his will, and if all the heirs agree that 1/3 of the estate should be given in charity, will that be permissible?

Bismillaah

A: If the heirs agree and all the heirs are adults and there is no coercion then too, the right thing will be that each heir receives his share of inheritance and after receiving his share he gives something on behalf of the deceased.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


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This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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