Sayyidah A’aisha Radiyallahu anha reported: A man came to Rasulullah Sallallahu alayhi wa sallam and said, “O Messenger of Allah, my mother died suddenly without writing a will. I think if she could speak, she would give in charity. Will she have a reward if I give charity on her behalf?” Rasulullah Sallallahu alayhi wa sallam said, “Yes.” [Sahih Bukhari]
Question:
In the event of a deceased parent’s estate, must any predeceased children also be included in the inheritance? Does the right of the predeceased child, if any, pass on to their children?
(Question published as received)
Answer:
A predeceased person does not qualify as an heir. Accordingly, a predeceased child does not inherit from their parents. The rule is the same whether those who predeceased have children or not. [Hindiyyah 6:457]
Grandchildren may or may not be heirs depending on who the other heirs are. If the grandchildren are not heirs, a wasiyyah (bequest) can and should be made in their favour. In this way, they will benefit from the estate of their grandparents. This is a recommended practice. [Al-Fiqhul Islam 10:7563]
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
Fatwa Department
Jamiatul Ulama (KZN)
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)