The Ruling on Delaying the Distribution of a Deceased Person’s Estate
Machine translationRead the Arabic original
Question:
The questioner says: Honorable Shaykh, regarding the ruling on delaying the money remaining from the deceased, what is its ruling? And if one of the sons insists on delaying it, should it be brought before the judge?
Answer:
The deceased’s wealth transfers to his heirs after his death, and the deceased’s ownership of it ends. However, before looking at it in terms of inheritance, it is necessary to settle his debts and execute his bequest, if the bequest is lawful. Allah the Exalted, when He mentioned inheritance, said:[An-Nisa 4:11] or a debt. So first the debt, then the bequest, and after that the remainder belongs to the heirs. Know that the preparation of the deceased and the costs of preparing him take precedence even over the debt and even over the bequest. The cost of preparing the deceased, such as washing, shrouding, the cost of the grave, and the cost of transport if he needs it, is taken from his estate. Yes.
The presenter:
May Allah reward you with good,
The questioner says: Honorable Shaykh, regarding the ruling on delaying the money remaining from the deceased, what is its ruling? And if one of the sons insists on delaying it, should it be brought before the judge?
Answer:
The deceased’s wealth transfers to his heirs after his death, and the deceased’s ownership of it ends. However, before looking at it in terms of inheritance, it is necessary to settle his debts and execute his bequest, if the bequest is lawful. Allah the Exalted, when He mentioned inheritance, said:
after any bequest he [may have] made
مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَاThe presenter:
May Allah reward you with good,
Source
نور على الدرب - الفوزان - 03/266 — archive.org (5:41)
The Arabic text is a machine transcription of the audio recording.
