In the Name of Allaah, the Possessor of Infinite Mercy, the Justly Merciful…
Allaah says: [1]
From the Sunnah of the Prophet (sallallaahu ‘alayhe wa sallam):
“Verily Allaah has given every person his true rights, so there can be no wasiyyah (bequethal) for a waarith (one who receives irth), and the child is for the (owner of the) bed, and the fornicator gets the stone (ie. nothing)…” [2]
Here the Messenger (sallallaahu ‘alayhe wa sallam) forbids the one who receives irth from also receiving a wasiyyah. So obviously they are two separate things with different rulings.
What exactly is a wasiyyah then?
Ibn Rushd Al-Hafeed (d.595), the author of Bidaayatul-Mujtahid, said, “The wasiyyah in a nutshell is a man giving a gift from his wealth to another or a group of people after his death, or that he frees his slave, whether he mentions the word ‘wasiyyah’ specifically or not.” [3]
So the wasiyyah is that which is given to someone according to the wishes of the deceased. It can be expressed verbally or in writing, and then it is witnessed. In the West, it is similar to when a man writes someone in his will to receive his house, car, or a sum of money.
We have been prohibited from taking the irth (inheritance) of the non-Muslims, according to the authentic hadeeth:
The statements of the scholars concerning a Muslim’s wasiyyah to a non-Muslim
With regards to a Muslim giving a wasiyyah to a non-Muslim, the scholars have unanimously agreed that it is permissible.
Ibn ‘Abdil-Barr (d.464) said, “There is no differing among the scholars that I know of over the permissibility of a Muslim giving a wasiyyah to his non-Muslim relative, since they do not inherit from him. And Safiyyah bint Huyay gave a wasiyyah to her Jewish brother.” [5]
Ibn Qudaamah Al-Maqdisee (d.620) said, “The permissibility of a Muslim giving a wasiyyah to a thimmee (non-Muslim living under Muslim rule) has been reported from Shurayh, Ash-Sha’bee, Ath-Thawree, Ash-Shaafi’ee, Is-haaq, and the Hanafees. I do not know anyone who differed with them.” [6]
Al-Maardeenee (d.912) said, “It (the wasiyyah) is allowed to be given to the poor people of a specific area, or a band of them, and to a thimmee, a young child, or an insane person by agreement of the scholars.” [7]
The statements of the scholars concerning the kaafir’s wasiyyah to a Muslim
The scholars have also agreed that a Muslim may accept the wasiyyah of a non-Muslim.
Ibn Al-Munthir (d.318) said, relating a consensus, “All of the people of knowledge that we take from have agreed that the wasiyyah of a thimmee (a non-Muslim living under Muslim rule) is permissible, so long as the thing given itself is permissible to possess.” [8]
Ibn Rushd Al-Hafeed (d.595), said, “And the wasiyyah of a non-Muslim is permissible to take according to them (the imaams), so long as the wasiyyah is not something haraam in itself.” [9]
Ibn Qudaamah Al-Maqdasee (d.620) said, “So when it is permissible for a Muslim to give a wasiyyah to a thimmee, then a thimmee’s wasiyyah to a Muslim, or to another thimmee, has even more right (to legitimacy).” [10]
Muhammad ibn Saalih Al-‘Uthaymeen (d.1421) said, “If someone asks, ‘How can one’s parents not be considered waariths (inheritors)?’ The answer: That is possible, like when the mother or father has a different religion, then they do not take any irth, rather they can be given a wasiyyah(instead).” [11]
Conclusion
Fulaan (like saying So-and-So in Arabic) is a Muslim. If one of Fulaan’s non-Muslim relatives dies, leaving for Fulaan a sum of money or some kind of property or wealth, having specified it for Fulaan, either in writing or by speech or gesture, and, as a result, that wealth is then offered to Fulaan, then it is permissible for Fulaan to accept it, and it is from Allaah’s halaal provisions for him. And Allaah is al-Muwaffiq, the One who grants success.
Written by: Moosaa Richardson
ST Archives: 04-11-2003
FOOTNOTES
[1] The meaning of Soorah An-Nisaa’ 4:11
[2] Saheeh Sunan At-Tirmithee (#2120)
[3] Bidaayatul-Mujtahid (4/180)
[4] Al-Bukhaaree and Muslim
[5] At-Tamheed (13/239)
[6] Al-Mughnee (8/512)
[7] Irshaad Al-Faaridh (p.275)
[8] Al-Ijmaa’ (p.275)
[9] Bidaayatul-Mujtahid (4/173)
[10] Al-Mughnee (8/512)
[11] Tafseer Soorah Al-Baqarah (2/309)
Bismillah
Assalaamu Alaikum warahmatuhlahi wabarakatuh.
My grandmother became Muslim two weeks before she died, Alhamdulillah.
She made a will the day before she died, saying she was disinheriting all her children except my Christian mother and left everything to my mom.
My mom died 8 years later with no will.
I am my mothers only child and I was designated to be guardian of house and now have house in my name.
This precious knowledge surpasses me and I am trying to understand. It seems to me the house is harram for me after reading the above description.
Please advise me what to do with this harram house it seems I have acquired, am I to give it to my kufar relatives my Muslum grandma disinherited or should I donate it to Salafee community to sell and use proceeds for building Masjid?
Wa ‘alaykas-salaamu wa rahmatullaahi wa barakaatuh. More information is needed, and this case needs reviewed by someone proficient in inheritance.
Bismillah
Assalaamu Alaikum warahmatuhlahi wabarakatuh.
Naam. Jazzaka Allahu khairun.
What more information is needed so I can ask this question correctly to Shaykh Ramzaan al Hajiri inshaAllaah?
Oops I meant to write Shaykh Muhammad Ramzaan Al Hajiri insha’Allaah.
He is very busy though Alhamdulillah we are discussing inheritance now in our weekly Massail al Jahiliyyah and Umdatul Akham classes. I have asked him twice already in the past two years trying to figure out what to do.
I think my mom intended for the house to go to me, because she was very angry when I told her I cannot inherit from her but that she could bequeath it to me. And then there was a misunderstanding between us on the difference of the two, which is why I think she had no will.
Allah knows best.
as salaamu alaikum i have a situation where i wasn’t born muslim and my parents were never married when i was conceived so i know now after becoming muslim that the man that i know as my father islamicly now doesn’t have ny rights over me…his my mother had an insurance policy where i was the beneficiary after her son, she died when i was 10 i’m 30 now and her son just died two weeks ago and i was in charge of the funeral affairs but his sister took charge of it and the policy is suppose to come to me and i’m just trying to get some clarity on if i’m suppose to take it or not please in sha allah if you can i don’t want o do anything haram and that’s displeasing to my lord
Asalaamu alaykum wa rahmatullahi wa barakatuhu
I am a new Muslim, may you please help me figure this out? in sha Allah khair
My non Muslim grandmother passed away and my uncle (also non Muslim), her son, stared to empty her closet and give me most of her clothing. What do you recommend I do with these belongings? Is it permissible for me to keep them? If not, is it permissible to donate them to other Muslims?
Wa ‘alayk as-salaamu wa rahmatullaahi wa barakaatuh. May Allaah bless you and grant you stability and prosperity. In Islam, the son is an heir. Since he took control of his mother’s property, and then gave some to you, you can keep things simple by considering those items to be gifts from your uncle, not inheritance from your grandmother, and Allaah knows best.
السلام عليكم ورحمة الله وبركاته
When I was born my family who are kuffar
Put a life insurance policy on me as a beneficiary.
The policy is over 30 years old and they want to cash the policy out..but they need me because it’s for me
I know that life insurance is haram
My question is in the event I stop the life insurance they have for me and cash the money out
What can I do with the money?
Barakallah feekum
وعليكم السلام ورحمة الله وبركاته
It is permissible to take back the money that was put in to the account. As for any additional amount, then it is disposed of as the scholars advise that ribaa-based income is disposed of after sincere repentance, like fixing roadways or providing toilet paper for bathrooms, and not counted as a charitable deed. And Allah knows best.
Assamualaikum,
Is is permissible to make will in islam? How can one make will according to shariah so that all children, wife, mother should inherit wealth according to islam?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. Because our inheritors may change from year to year based on deaths, births, marriages, and divorces, it would be more practical and beneficial if we could designate an official executor of our estate after our death, an impartial non-inheritor who could bring our assets together and distribute them according to the Book of Allah, after our debts are paid off and our wasiyyahs (bequeathals) are given out. This needs to be someone qualified with Islamic knowledge. And Allah knows best.
As salaam alaikum rahmatullahi wa baraktuh. I have a question regarding money that was inherited to my grandmother after my mother passed away. My grandmother will receive the money and says she is not in need of it and wanted to give it to my mother children including me and i am muslim. Is it permissible for me to receive any money from my grandmother?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. You are a Muslim, as you have stated, and you did not mention this about your mother or grandmother, so assuming they are not Muslims, your grandmother inherited money from your mother, and then wants to give [some of] that to you. When she gives it to you, I believe it would be counted as a regular gift. When a person inherits money and receives it, it is their wealth at that point, and they are free to interact with it how they would interact with the rest of their wealth. In such a case, gifts are permissible between people of different religions, and there does not seem to be anything wrong with that here, and Allah knows best.
My condolences to you and your family over the loss of your mother. We are all the property of Allah; we all return unto Him alone. May Allah grant you patience and stability.
Barakallahu feekum for those kind words and Jazak Allah khair for responding so fast. I just wanted to add some more information: My grandmother… [comment abridged by admin]
The specifics of this case requires investigation by someone who knows Islamic rulings and the laws of inheritance. This would only be possible in an Islamic country through the courts, or with the full cooperation of those who currently have the assets (outside of Muslim countries). May Allah make that easy for you.
As Salam aleykoum wa rahmatullahu wa Baarakatuhu,
My mother passed away and left some valuable jewellery, she didn’t make a will but allegedly spoke to her sister designating the person that should get them. Family members are fighting over them. I have informed my grand father who is very old so that he can oversee the situation. Was I right to do so?
Kindly inform if I was wrong and require to make tawbah for creating fitna as the family is blaming me.
Jazaakallahu Khayran.
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. You’ll need to seek the assistance of a Muslim judge who is knowledgeable about the laws of inheritance to determine whether this was a valid wasiyyah (bequeathal) or not. Muslims have a religion that assigns each inheritor their fair share, after all debts are paid off and legitimate bequeathals are honored, so they just refer the matter to a Muslim judge to have the Book of Allah implemented in their case, and their differing ends there, wal-hamdu lillaah.
السلام عليكم ورحمة الله وبركاته
Is it allowed for a living parent to give one of their three children portion of their saved money and/or part of land as a gift, because that one child is financially poor and parent wants to help them out — OR — Is it impermissible to do so?
Jazaakallahu Khayran Ustadh
وعليكم السلام ورحمة الله وبركاته
The basic rule is that parents must be fair with their children, and give gifts to them equally, since the Prophet (may Allah raise his rank and grant him peace) rebuked an-Nu’maan ibn Basheer’s father for giving one of his sons a gift, but not the others. Perhaps the parent might direct some rich people to give some zakaat to that son who is in need. If the child is grown and no longer the responsibility of the parents, the parents can give that son their zakaat as well, and Allah knows best. This is as it relates to a living parent. As for the estate of a dead parent, then no wasiyyah (designated gift from the estate) is valid for an inheriting son.
السلام عليكم ورحمة الله وبركاته شيخنا
أحسن الله إليكم ونفع الله بكم الأمة
Please i have a question O Shaykh
There’s a man who is a solar technician, he does solar installation for a living but he does not sell solar products rather he buys them whenever he has a project.
My question is; whenever he is approached by a client he gives them a quotation of what the entire system will cost. Now is it permissible for him to add more money to the cost of the materials for personal gains since they are not buying from him directly?
جزاكم الله خيرا
وعليكم السلام ورحمة الله وبركاته
I’d suggest a couple of options here, in order to avoid selling what one does not own, which is forbidden in the hadeeth of Hakeem ibn Hizaam in Musnad Ahmad and the Sunan collections (authentic):
1) He makes a deal where he acts as the client’s wakeel (representative) and purchases those items on behalf of the client, and he takes a fee to do so, which is negotiated and agreed upon by them both contractually. The fee could be a flat fee or a percentage of the price; it should be something transparent between the client and his wakeel. NOTE: In this option, there are two separate contracts that cannot be combined into one contract. A limited wakeel contract for the purchase of the supplies, and then a separate work contract. They must be separated, because the Prophet (may Allah raise his rank and grant him peace) forbade multiple contracts in one. (Musnad Ahmad & others, with a hasan chain)
2) He issues an “estimate” first. When the customer agrees on the estimate, it is not a contract. He then purchases those items for himself and sells them to the client as part of his work. Meaning: After purchasing his supplies, he then makes and enters a contract with the client. He should try to get a 30-day refund clause from the place he purchases the items from, so he could return them if the client chooses not to use his services. This way, he owns what he sells them, at the time of the contract. In today’s market, this works well, since many companies offer a standard number of days to return items for a refund.
As for charging the client more than the purachse price of the items or systems, then this is the nature of business, of course that is permissible. Allah has made business transactions permissible (see: Quran 2:275, “Allah has made trade permissible…”), and this is the very nature of business transactions, they are for profit, not a public service. People who expect someone to purchase things for them at cost without profit do not understand the basic nature of the marketplace, nor do they seem to value the expertise, nor the time or efforts of others! And Allah knows best.
جزاك اللهُ خيراً
Ustadh for your response.
That clarifies it الحمد لله
However upon further reading on Inheritance laws, I have come across another question / scenario; which I am unclear about and I see many people indulging in, is the following:
— Children asking their parents to give
them their inheritance shares while they
are still alive;
— OR even some parents willingly wanting
to do so because of various reasons
Is that even permissible?
بارك الله فيك
So whatever gift that is given on one’s deathbed is of two types: 1) to an inheritor, 2) to a non-inheritor. Gifts given to a non-inheritor follow the rules of wasiyyah, up to one-third of the entire estate (for all deathbed gifts and wasiyyahs combined). Gifts given to inheritors must be fair, meaning to all the inheritors based on their share of inheritence. When an-Nu’maan’s father wanted the Prophet (may Allah raise his rank and grant him peace) to be a witness for the gift he gave to his son, he asked if all his sons received something similar. When he found out he had given an-Nu’maan alone a sizeable gift, and nothing of its like to his other children, he told him to him to fear Allah and be fair between his children, and that he would not be a witness to jowr (oppression, transgression). (Bukhari & Muslim)
To be clear: There is no distribution of irth (inheritence) while one is still alive. That is just a gift, renamed. The very definition of irth is the distribution of the deceased’s wealth after his/her death. And Allah knows best.
Assalamu alaykum ustaadh,
Please could you help me with a query regarding inheritance?
The scenario is as follows. Abdullah owns a property; he dies and then his wife and children live in the property. A few years later, Abdullah’s father passes away. If Abdullah’s children and wife sell the property, how is the money raised from the sale of the property to be split? Since Abdullah passed away prior to his father, would Abdullah’s siblings inherit some of the wealth?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. I would need to know how many children he had and their gender. I would also need to know if his mother was still alive when he passed.