Is it obligatory to inform the siblings about the 2,800 pounds that the mother willed for an 'Umrah on her behalf, or should the 'Umrah be performed without informing them, knowing that she willed not to inform them for fear of problems?
The mother's will to perform with the specified amount, or part of it if the amount exceeds the costs of Umrah (the remainder is considered inheritance), must be carried out. There is no need to inform the brothers, provided the mother passed away after having the ability to perform Umrah.
However, if the amount is insufficient to cover the costs of Umrah, then enough should be taken from her inheritance to perform Umrah on her behalf, if she left any wealth.
If she did not leave sufficient wealth, then Umrah should be performed on her behalf by reducing travel costs, if possible. Otherwise, nothing is obligatory upon the heirs, and the amount reverts to the inheritance due to the impossibility of executing the will.
This applies if the legatee (the son) has already performed Umrah for himself; otherwise, his representation on her behalf is not valid.
If the mother had already performed Umrah for herself, or if it was not obligatory upon her due to lack of means, then her will must also be executed, but the will is calculated from one-third of the estate.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 90293
- 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