Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My husband passed away three weeks ago. How soon should his children tend to his will? I have no idea where he drew up his will. According to what I know his two daughters from his late wife were gifted all the properties except one as they were conceived out of wedlock. The other property I was told, I inherit an eighth. Is it not a quarter as his daughters are haraam? Also the said property has debt and so has the properties that he gifted to his children. Does the property I inherit from have to cover the debt of the properties his daughters were gifted and only after those debts are paid do I get my share?


A: The properties that were gifted with transfer in his lifetime do not come under his estate. The rest of his assets will come under the shar`ee law of winding an estate.

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.