Fatwaa ID: 1663
السلام عليكم ورحمةالله وبركاته
Please advise on the following:
1) A couple agrees that when they pass away, or are close to it, everything becomes the spouses. As such, upon a terminal illness, the wife signed everything over to the husband, leaving nothing for the children. Is this correct, and if not please explain if should be rectified?
2) Can belongings of a deceased person be sold and the money therefrom be used as isaale thawaab for the person?
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
- The above is not permissible. The agreement in question was invalid. Nothing transfered to the husband. The wife’s belongings will all form part of her estate and must be divided in accordance to the Shari’ah laws of succession and inheritance.
A gifting during a terminal illness which leads to one’s demise is invalid. For the validity of a gifting, the gifter must do so during his lifetime in good state of health and the giftee must assume constructive possession of the gifted items. Furthermore, if the purpose of such gifting is to deprive the heirs, then that is impermissible.
- Upon the demise of a person, all his belongings will be distributed amongst the Shari’ah stipulated heirs. The estate cannot be simply sold and given away in charity. If all the heirs, provided that they are mature and sane, voluntarily and happily agree on giving something in charity on behalf of the deceased, then that will be permissible. In that case, upon their mutual agreement, items may be sold to generate funds. It should be noted that if an heir does not agree to this, it may not be forced on to him nor can he be shunned for that. It is his right to receive his full share from the estate.
It is in the best interests of the heirs that the estate is divided appropriately and then the heirs voluntarily donate from their respective shares as they wish on behalf of the deceased.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
02/03/1445 AH – 08/20/2023 CE | AML3-3611
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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.