Is the money remaining from the estate of a woman who willed that her money be given in charity and spent on her shroud and the digging of her grave to be given in charity?
If a woman bequeaths all her wealth as charity, then the expenses for her burial (shroud, grave digging fees) are first taken from her estate. Then, it is considered:
1. If she has heirs: One-third of the remaining estate after the burial expenses is given in charity. Any amount exceeding one-third goes to the heirs, unless they consent to it being given in charity. 2. If she has no heirs: Scholars differ on whether her bequest of all her wealth is valid or only one-third of it. The preponderant view is that the bequest of all wealth is valid, as there are no heirs whose rights are attached to the wealth.
In all cases, if she generally instructs that her wealth be given as charity without specifying a recipient, it should be disbursed to the poor, as this is the predominant practice for charitable donations.
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