Question Summary:
Distribution of estate and bequest Question Detail:
A woman passed away leaving behind 5 sons and 1 daughter. Her estate consists of:
4 bangles valued at R11000 each
3 bangles valued at R9000 each
1 ring to the value of R1000
1 ring and earring set valued at R3000
Cash R23, 156
(Total estate is worth R98, 156)
The Marhoom made a Wassiyyah of R100 for each of her 13 grandsons. Thereafter she wrote a sentence: Mere sab maal Nasreen ko dena (Nasreen is one of her granddaughters) (The heirs do not know what she meant by this statement) Thereafter, taking each of her 7 granddaughters by name (Nasreen included) she mentioned that each granddaughter should receive a bangle. She did not specify which bangle should be given to which granddaughter (All are not of the same value as seen above)
How should the wealth of the Mayyit be distributed? Please explain in some detail.
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, a bequest made from more than 1/3 of the estate is invalid unless explicit permission is granted by all the rightful heirs. [1]
The following is what we understood from the bequest in reference:
The deceased made a bequest with the words “Mere sab maal Nasreen ko dena”. Due to the word Maal usually referring to cash in the norm and she bequeathed bangles to others and did not refer to bangles as Maal, a bequest of R23,156 is made for Nasreen.
The deceased made a bequest that each of the granddaughters will be entitled to one bangle. Since each of the bangles is valued differently, it is up to the discretion of the heirs and the granddaughters to mutually agree which granddaughter receives which bangle. [2] However, if the heirs do not allow the bequest from the entire wealth, rather they demand that it be distributed from 1/3 of the estate, the average price of the bangles will be considered. The average value of the bangles is R10, 142.86. Hence, in accordance with the bequest, each of the granddaughters is entitled to R10, 142.86.
The deceased made a bequest of R100.00 for each of the grandsons.
Since this bequest is beyond 1/3 of the entire estate, its validity is dependent upon the permission of the heirs. If all the heirs agree to allow the bequest, then the estate of the deceased will be distributed as follows:
Nasreen is entitled to R23,156 and one bangle decided by the heirs
Each of the remaining six granddaughters is entitled to one bangle
Each of the thirteen grandsons is entitled to R100.00
Each of the five sons is entitled to R491.06
The one daughter is entitled to R245.53
If any of the heirs do not agree and demand his/her right, the bequest will only be valid from 1/3 of the entire estate. The remaining 2/3 will be distributed amongst the heirs. The legatees will be entitled to a percentage from 1/3 of the estate proportionate to the amount they would receive if the bequest was valid from the entire estate. [3]In this case, the distribution of the estate is as follows:
Note: 1/3 of the estate is R32, 718. 67.
Nasreen is entitled to R11, 099.33
Each of the remaining six granddaughters is entitled to R3, 380. 95
Each of the grandsons is entitled to R33.33
Each of the five sons is entitled to R11, 897.7
The one daughter is entitled to R5, 948.85
Note: In the second scenario, the granddaughters will be entitled to one bangle which will be determined by the heirs. They will be obliged to return the difference to the estate.
And Allah Ta’āla Knows Best
Abdul Azīm bin Abdur Rahman,
U.S.A.
Checked and Approved by,
Mufti Ebrahim Desai.
[1] (ولا تجوز) ش: أي الوصية م: (بما زاد على الثلث) ش: وهذا عند وجود الورثة بإجماع أهل العلم عند عدم إجازة الورثة، ويجوز عند إجازتهم (البناية، ج 16، ص 261، المكتبة الحقانية)
[2] ولو أوصى له بدابة أو بثوب فإن للورثة أن يعطوه أي دابة وأي ثوب شاءوا، كذا في المحيط. (الهندية، ج 6، ص 106)
[3] وَإِن كَانَ وَصِيَّة أحدهم أَكثر من الثُّلُث بِأَن أوصى لَهُ بِالنِّصْفِ أَو بالثلثين فَعِنْدَ أبي حنيفَة يضْرب من زَاد نصِيبه على الثُّلُث بِالثُّلثِ دون الزِّيَادَة وَمن كَانَ نصِيبه دون الثُّلُث فِيمَا سمي لَهُ
وَعِنْدَهُمَا يضْرب صَاحب الزِّيَادَة بِجَمِيعِ مَا سمي لَهُ كَمَا فِي الْمِيرَاث (تحفة الفقهاء، ج 3، ص210، دار الكتب العلمية)
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