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Making a bequest that the estate be distributed unequally

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a widow with several sons (no daughters) passes away and she previously made a verbal request in the presence of all her sons that her estate (only money) should be divided unequally between them (she specified how much each should receive), should this be obeyed or should the estate be distributed equally among the sons?

Bismillaah

A: Her estate must be distributed according to the shar`ee stipulations. Her bequest in this regard is not valid.

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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