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Understanding Wasiyyat: When and How to Execute It?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: What is the ruling of a wasiyyat or will it only be opened and read after death? Is it fard or wajib or mustahab? 

Bismillaah

A: The wasiyyat that the mayyit has made could be compulsory and it could be optional. The compulsory wasiyyat is where he had instructed that upto one third should be used for a certain person or a certain type of work, and optional is where he had requested that each of his heirs for example should do some type of isaal-e-thawaab for him with their own wealth.

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.