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Charity or Inheritance: The Dilemma of a Daughter After Her Mother’s Passing

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Before mother passed away 4 weeks before in good health, one daughter has a conversation with mother “mum take your gold in the grave. Mum says what do you mean? I mean give it all in charity. Mum says I don’t know. Mum you can make your niyaat. Mum says ok i’ll do talk about something. Does this niyaat count now she has passed away nothing written down but sister is adamant to give in charity and the other sister wants to keep her mums gold.

Bismillaah

A: Since the mother has not made a bequest, the jewellery will form part of the estate and be distributed among the heirs.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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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