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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Defining the Inheritance and Executing the Bequest

Machine translationRead the Arabic original
Question:
This is a questioner who sent a set of questions by fax. In this question, he asks: What is meant by the inheritance? Is it everything the deceased owned in terms of cash and real estate? Given that the sale of real estate may be delayed, what is the best method regarding the one-third bequeathed?

Answer:
Yes. The estate and the inheritance are all the money and properties left by the deceased. They belong to his heirs according to the division prescribed by Allah, Glorified and Exalted is He, based on the shares of the heirs, whether fixed shares or residuary shares. It is distributed according to the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). As for the cash, it is distributed to the heirs as is. As for the real estate, it is appraised or sold, and its value is distributed, or it is appraised and valued at what it is worth, and the value is distributed to the heirs.
As for the one-third, yes, if it is for a non-heir and it is within the limit of one-third, and its use is for a lawful purpose, then it must be executed. It must be executed because it is a right of the deceased, and Allah has allowed him to give it in charity so that its benefit continues for him after his death. It is not permissible to be lax in the matter of the bequest. Allah placed the bequest before the inheritance. When He mentioned the inheritances, He said:
after any bequest he [may have] made or debtمِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
[An-Nisa 4:11]
One starts with the debt, but Allah placed the bequest before it out of emphasis on the bequest, because the debt has someone to claim it, whereas the bequest has no one to claim it. Therefore, Allah placed it before the debt so that people do not be lax in its matter. Yes.
Source نور على الدرب - الفوزان - 03/019 — archive.org (11:49)

The Arabic text is a machine transcription of the audio recording.

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