Sayyiduna Abdullah Ibn Masud radiyallahu anhu reported that Rasulullah (sallallahu ‘alayhi wa sallam) said, “Learn the [laws of] inheritance and teach it to people for I will pass away soon. Knowledge will soon be taken away so much so that two people will argue regarding inheritance but will be unable to find someone to pass a verdict for them.” [Mustadrak Haakim]
Question:
My father made a bequest for a number of people after his demise. Some are alive and some have passed away. Are the families of those who have passed away, entitled to receive such bequests?
Answer:
A. If a bequest is made in favour of non-heirs, then the bequest will be valid up to one-third of the estate provided that the beneficiaries are alive at the time of demise.
If any of the beneficiaries of the bequest are not alive at the time of demise, then the bequest made in their favour will be null and void, and neither will their families be entitled to it. The surviving beneficiaries will benefit from the bequest as per the shares allocated to them. (Lubaab 1/418)
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.)