Leaving behind wealth for one’s heirs
Question
All my children are grown and independent. I would like to bequeath my entire estate to a charitable organization. Can I do this?
Answer
It is emphasized on a person who has assets in his/her lifetime to leave behind some wealth for his/her heirs. This was the advice of Rasulullah (Sallallahu Alaihi Wasallam) where he advised Sayyiduna Sa’ad (Radiyallahu Anhu) against bequeathing all his wealth to a charitable cause. So Sa’ad asked, “Can I bequeath half my wealth?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “No. Then Sa’ad asked, “Can I bequeath one third?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “(Ok), one third but one third is also a lot, it is better that you leave your heirs with some wealth so that they remeain independent instead of leaving them with nothing where they have to ask others for assistance”. (Sahih al-Bukhari, Hadith #: 2742)
From the above Hadith, it is understood that a person is not allowed to bequeath more than one third of his/her estate. If more than one third has been bequeathed, only one third will be valid as a bequest and the remaining two thirds will belong to the heirs.
Therefore, you cannot bequeath more than one third to the charitable organization. You may bequeath up to one third if you wish.
And Allah Knows Best
Mufti Suhail Tarmahomed
All my children are grown and independent. I would like to bequeath my entire estate to a charitable organization. Can I do this?
Answer
It is emphasized on a person who has assets in his/her lifetime to leave behind some wealth for his/her heirs. This was the advice of Rasulullah (Sallallahu Alaihi Wasallam) where he advised Sayyiduna Sa’ad (Radiyallahu Anhu) against bequeathing all his wealth to a charitable cause. So Sa’ad asked, “Can I bequeath half my wealth?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “No. Then Sa’ad asked, “Can I bequeath one third?” Rasulullah (Sallallahu Alaihi Wasallam) replied, “(Ok), one third but one third is also a lot, it is better that you leave your heirs with some wealth so that they remeain independent instead of leaving them with nothing where they have to ask others for assistance”. (Sahih al-Bukhari, Hadith #: 2742)
From the above Hadith, it is understood that a person is not allowed to bequeath more than one third of his/her estate. If more than one third has been bequeathed, only one third will be valid as a bequest and the remaining two thirds will belong to the heirs.
Therefore, you cannot bequeath more than one third to the charitable organization. You may bequeath up to one third if you wish.
And Allah Knows Best
Mufti Suhail Tarmahomed