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The question

What is the ruling of Islamic law regarding the estate of a mother who passed away after her husband, leaving behind money, gold, and a will, knowing that the money has not been divided and is used for zakat among her unemployed children and others, and the gold has not been divided or worn and its zakat is paid whenever a year passes over it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A mother's bequest to her children is not valid because they are heirs, unless the heirs permit it. As for her bequest to someone who cared for her, it is valid as long as that person is not an heir and the bequest does not exceed one-third [of her estate]. If it exceeds one-third and that person is not an heir, then it is not enforceable without the consent of the heirs. If the bequest is conditional, it is not executed until the condition is met. The zakat of the estate's wealth cannot be distributed among the heirs; rather, each heir must pay the zakat on their share for the past years if it reached the minimum threshold (nisab).

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
77378
Imported
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