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Mother leaving her wealth to her daughters before her death

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Could Mufti please provide clarity on the following: A widow has 4 daughters, 1 half brother and 1 half sister.

1. Can she draw up an agreement, while she is alive that once she dies, her wealth goes to her four daughters only?

2. Can she leave her money in the bank, give it to her daughter’s, but use it in a case of an emergency and also collect the returns, but her daughter’s will only have access to the money once she dies?

3. Does she have to actually give the money to the daughters now, and have no access or rights over it, if she wants to only give it to her daughter’s?

4. If she leaves the money in the bank, how does the estate have to be divided once she dies?

5. If one of her daughter’s die before her, can the children of that particular daughter still have their mothers share? If so how should it be done?

Bismillaah

A:

1. Are her half brother and half sister sharing the same mother as her or the same father? Further, does she have any other relatives, such as parents, father’s brother, their sons etc.?

2. This is not possible.

3. Yes.

4. Based on the heirs that are present at the time of her demise.

5. No.

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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