Question:-
A person makes a Wassiyah that 1/3 of his nett estate should be utilized for paying for his outstanding religious obligations such as missed Fardh Salaah, Zakaat, Fasting, etc. He also made a Wasiyyah on behalf of non-heirs, such as his adopted children and family members. If the entire 1/3 is utilized to fulfill and settle his religious obligations, then what happens to his adopted children and family members?
Answer:-
The amount for outstanding Salaah, Zakaat and Fasting should be discharged first, with the proviso that it does not exceed 1/3 of his nett estate. If the entire 1/3 is exhausted in discharging his obligations (such as Salaah, Zakaat, Fasts etc.), then the remainder of his bequests (on behalf of his family members and adopted children) will fall away, unless all the heirs consent to it being fulfilled (from their portion of inheritance.)
( وإذا اجتمع الوصايا قدم الفرض وإن أخره الموصي وإن تساوت ) قوة ( قدم ما قدم إذا ضاق الثلث عنها ) )در المختار كتاب الوصايا)
( قَوْلُهُ قُدِّمَ الْفَرْضُ ) كَالْحَجِّ وَالزَّكَاةِ وَالْكَفَّارَاتِ ، لِأَنَّ الْفَرْضَ أَهَمُّ مِنْ النَّفْلِ ، وَالظَّاهِرُ مِنْهُ الْبُدَاءَةُ بِالْأَهَمِّ زَيْلَعِيٌّ
(در المختار كتاب الوصايا)
ALLAH TAÁLA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 08 Jumad-al-Ula 1443 / 13 December 2021
