Wasiyah for inheritor, Fidyah for Salaat and fast, distribution of estate

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1440-249

Question: 

I have a
question regarding inheritance and quad salah fidya that need clarification.

Before my mum passed away she told my eldest sister to give her car to my
younger sister after my mum’s demise. We are a total of 5 children i.e. 4
sisters and one brother.

After my mum's passing my elder sister told us that my mum told her to give her
motor vehicle to one of my younger sisters.

As the days passed the same sister to whom the car was supposed to go to said
that we needed to do everything the Sharia way and that we had to pay for my

Mum's qadha salaat and fasts first.

We were told  that the fidya amount is  R30 per fast and R30 per
salaat including witr salaat, we did our calculation to the best of our ability
and it came out to an unaffordable amount..

All of us children agreed that she could pay for the car on her terms and
conditions and also at the trade value of the car and not the retail value.

However my sister whom my mom said should have the vehicle after her
death, declined the offer to take delivery of vehicle at the trade value and on
her terms of payment.

Please advice if my mom’s wish to give her vehicle to her daughter, a natural
inheritor of her estate, after her death, is in line with sharia or not?

So my siblings
and I came to a unanimous decision that the sister to whom my mom said, the car
should go to, should have the first option to buy the car seeing that
possession of the actual car was never given to her during my  mum's
lifetime, and we were advised that according to sharia one cannot wish to give
anything to a natural inheritor after ones death. We were advised that this
could only be done in one’s lifetime, and if ownership was never given in one’s
lifetime ,Sharia takes president, and the law of inheritance kicks in from the
Quran. Mufti could you please clarify and furnish us with a correct ruling in
this regard.

This way
whatever money we were getting for the car ,we were gonna put towards paying
the fidya on my mum's qadah salah and fast, and none of the children would
benefit from proceeds of vehicle sale.

The trade value
of the motor vehicle is however more then 1/3 of my mom’s entire estate.

The same option
to pay and take delivery of vehicle was put forward to my brother ,whom my mom
resided with, and he gladly accepted the offer. He conceded that he would pay
for the vehicle in monthly instalments and all proceeds would go to towards
offsetting my moms quadha salahs and fasts.

Also please
advise what the sharia ruling is regarding paying for the Qadha salaat and fast
and what is the correct amount of fidya to be paid.. we reside in Gauteng?

Should the
amount be calculated on the current stipulated fidya  amount or according
to the fidya amount at the time the salah and fast were  missed e.g.
amount at 1967 etc???

My mum also left
behind a few pieces of gold jewellery and some cash.. how should we divide
this? Between 4 daughters and 1 son?


Answer: 

1) It is impermissible for a person to make a Wasiyyah (bequest) for any such person who automatically becomes an inheritor of the deceased. Therefore, your mother’s wish to give her vehicle to her daughter, who is an inheritor of your mother’s estate, after her demise, will not be valid in Sharī’ah.

However, if all the inheritors are Bāligh (mature) and they all willingly agree to fulfill your mother’s wish, then this Wasiyyah (bequest) of your mother, to give her daughter her vehicle, may be fulfilled. (Fataawa Mahmudiyyah Vol. 20 Pg. 186) 

2) As with regards to Fidyah, firstly, it should be understood that if the deceased did not make a Wasiyyah (bequest) to pay for their missed Salawāt and fasts, then it is not necessary upon the heirs to dispense the monetary compensation of the missed Salawāt and fasts on the deceased’s behalf.

However, in spite of no bequest having been made in this regard, if one wishes to dispense the monetary compensation voluntarily from one’s personal funds, then this will be a favor unto the deceased. If the deceased left behind an estate, then with the consent of all the Bāligh (mature) heirs, the discharging of this duty can also be done from the joint estate. If the others do not consent, then one may do so individually, using one’s personal share received from the inheritance or from one’s personal funds. Either way, it is strongly hoped that by doing so, the responsibility of the missed Salawāt and fasts will In-Shā-Allah be discharged on their behalf.

Secondly, it should be understood that for each Salāh and each fast there is a Fidyah (compensation) that will have to be paid. There is also a separate Fidyah to be paid for the Witr Salawāt. Hence, for each day, one will have to pay six Fidyahs, one for each Salāh.

The procedure of dispensing the Fidyah is as follows:

1. Calculate the amount of Salawāt and fasts that have been missed.

2. Thereafter, for each Salāh and each fast, either half a Sāa’ (approx. 1.7 kg) of wheat, or one Sāa’ (approx. 3.3 kg) of barley, or its equivalent value will be given to the poor. This is the same amount that is discharged for Sadaqat-ul-Fitr. One may give the grain itself or the value of it. However, it will be better to give the latter as this will be better in fulfilling the needs of the poor. (Fataawa Mahmudiyyah Vol. 7 Pg. 388) 

3) The amount of Fidyah will be calculated according to the current, stipulated Fidyah amount and not according to the amount at the time when the Salawāt and fasts were missed. (Ahsanul Fataawa Vol. 3 Pg. 45) You can refer to the Jamiatul Ulama @ +27 11 373 8000 for the current Fidyah value or you can do the calculation yourself as we have described above according to the price of the wheat at your local supermarket.

4) After discharging the burial expenses, any debts (if any), and distributing the Wasiyyah (bequest) from 1/3 of the estate, the remainder of the estate (this will include your mother’s cash, jewelry, and all other items) will be distributed as follows:

Son

2 shares 

33.33%

Daughter 1

1 share 

16.66%

Daughter 2

1 share 

16.66%

Daughter 3

1 share 

16.66%

Daughter 4

1 share 

16.66%

TOTAL =

6 shares 

99.97%

As you may have noticed, there is a remainder of 0.03% due to the difficulty of rounding off numbers. This amount may either be given away in charity with mutual consent of everyone concerned or redistributed amongst the heirs according to the above-mentioned percentages.

NOTE: The above distrubition is based on the fact that there are no other heirs besides the one’s mentioned above. If however, there are other heirs, the distrubition will differ from the above-mentioned.

AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Zaid Mahammad

CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B. 

Islamic Date: 14 Jumaadal Ula 1440 - English Date: 21 January 2019

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