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Bequeathing for a mahjub ‘asabah 

Fatwaa ID: 009

Question:

Assalamualaikum is it permissible to do wasiyat for a blocked (mahjub) asabah?

Answer:

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, a bequest may be made only for a non-heir[1]. A bequest in favor of an heir is invalid[2].

mahjoob ‘asabah is not an heir. Accordingly, a mahjoob ‘asabah may inherit the wasiyyah bequeathed to him in the will as long as it does not exceed one-third of the entire estate. 

And Allaah Ta’aala Knows Best
Muajul I. Chowdhury
Student, Darul Iftaa
Astoria, New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

04/25/2018

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


[1]  احسن الفتاوى (9/ 292)

كفاية المفني (8/ 410)

[2]  السراجى فى الميراث للسجاوندى (ص: 2)

 تتعلق بتركة المية حقوق اربعة مرتبة……..ثم تنفذ وصاياه من ثلث ما بقي بعد الدين

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Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.

__________________
Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.