Q: My father wants to stipulate in his will that his house be sold to my sister at a value capped at R1 000 000. This money will then form part of his estate and distributed according to the Shariah. The house is currently worth in excess of R1 000 000. Is this Shariah compliant?
A: Upon the demise of a person, everything he owns will form part of his estate that will have to be distributed according to the stipulated shares of inheritance (i.e. after settling debts and fulfilling bequests of one third of the remainder wealth). Hence it is not permissible for your father to sell his house to his daughter after his demise and include the money of the house into the estate. If he wishes to sell the house to his daughter, he may do so in his lifetime.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)