Is it permissible to execute the mother's will to allocate one-third of the money to the youngest brother and spend the rest on the funeral and burial, or is all the money considered an inheritance from which nothing can be spent on the funeral?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A will bequeathing one-third to the youngest son is a bequest to an heir, which is Islamically prohibited and not enforceable without the consent of the other heirs. As for her will that money be spent from the estate for burial necessities, it is valid and should be spent in a reasonable manner without extravagance. The expenses for preparing the deceased are given precedence over the rights of the heirs. If the will regarding the preparation expenses involves extravagance, then only an amount that does not involve extravagance should be spent, and the excess should be returned to the estate.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/152666
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 152666
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy