Q: My mother died this year. She left around 16 laac rupees. According to her will she told before her death to give in charity this amount to some mosque. This amount will come under wiraasat to distribute among her son and daughters or it will go to charity according to her will. Please reply what Islamic law says about this.
A: After seeing to burial expenses and paying off debts if any, the mayyit’s wasiyyat and bequest to a non-heir upto and including one-third of the entire estate will be discharged before distributing the estate among the heirs. If the 16 lac is more than one-third of the entire estate then only that amount which will add up to one-third of the estate can be given to the musjid in whose favour the wasiyyat was made.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)