Is it permissible for the heirs to take anything from the deceased woman's clothes after she bequeathed them to her sisters and the needy, and is what she granted to her daughter during her death illness valid?
A woman's gift of some of her clothes to her daughter during her death illness is not valid, because gifts made during a death illness are considered akin to a bequest (wasiyya). They are not enforceable for an heir unless the other heirs agree, due to the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person their right, so there is no bequest for an heir." Therefore, the clothes are to be included in the inheritance, unless the heirs wish to leave them for the daughter. These clothes do not fall under what she bequeathed to her sisters or to the poor if the context of her speech indicates that, and permission is sought only from the heirs. In case of dispute, the court will make the ruling.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 192094
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy