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One third in Wasiyyah after debts

Answered as per Hanafi Fiqh by IslamicPortal.co.uk

One third in Waṣiyyah after debts

Question

Someone is diagnosed with Coronavirus and urgently requires advice. The one third bequest, is it in a person’s total assets at the point of demise or is it in his assets that remain after his debts and funeral costs are subtracted?

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بسم الله الرحمن الرحیم

Answer

The one third is in what remains after the debts and funeral costs are subtracted. In reality, the remainder is his total assets.

قال الفخر الزيلعي في التبيين (٦/٢٣٠): ثم تنفذ وصيته من ثلث ما بقي بعد التجهيز والدين، انتهى. وقال الحصكفي في الدر المختار (٦/٧٦١): (من ثلث ما بقي) بعد تجهيزه وديونه، انتهى۔

Allah know best

Yusuf Shabbir

19 Shaʿbān 1441 / 13 April 2020

Approved by: Mufti Shabbir Ahmad and Mufti Muhammad Tahir

This answer was collected from IslamicPortal.co.uk, which is a repository of Islamic Q&A, articles, books, and resources. Various schools write and oversee the answers, including Maulana Yusuf Shabbir, Mufti Shabbir Ahmed, and Mufti Muhammad Tahir.