Making a bequest to give all one’s wealth in charity

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1. My grandmother passed away last week. Before she passed away, her will was to give her savings (money) to charity. However my grandmother has 3 daughters and my grandfathe… My mother is the eldest of the daughters, however she is not psychologically sane and my grandfather has dementia. How do we distribute it?

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2. Do we divide it amongst the daughters and ask them if they want to give it to charity if they don’t need it or do we just give the whole amount to a charity organisation? 

3. If we have to give it to the daughters and my grandfather, what do I do in the case of my mother and grandfather as they not psychologically sane. Does the grandkids get the amount as well?

Bismillaah

A:

1. If your grandmother had made a clear bequest of giving all her wealth in charity then only one-third of her wealth can be given in charity. The remainder will have to be distributed among her shar`ee heirs. If she had not made any clear bequest and merely expressed her desire then this is not a bequest. Hence, all the wealth will have to be distributed to her shar`ee heirs.

2. If your grandfather and mother are not in the position of managing their own wealth, then their share should be handed over to their guardians who are managing their affairs.

3. The daughters’ children do not inherit.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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