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Does the bequeathed one-third of the deceased's estate include real estate and land? Is the one-third to be disbursed from the funds given to the heirs by the deceased's employer? What are the best ways to spend this one-third? What is the ruling on the deceased's negligence in prayer during the last two weeks of his life due to severe pain, illness, and psychological imbalance?

1 min readAlso available in العربية

Firstly, the bequeathed one-third is to be taken from all of the deceased's estate (real estate, cash, and other assets). As for the deceased's pension, if it was deducted from his salary, then it is part of the estate, and one-third of it should be disbursed. If it was a grant, then it is not part of the estate.

Secondly, the bequeathed one-third should be spent as the deceased willed. If he did not specify, then it is preferable to make it an endowment (waqf) for the sake of Allah.

Thirdly, regarding the deceased's negligence in prayer due to illness: If he retained his sanity, then he is sinful, and one should pray for mercy upon him, but his prayers are not to be made up for him. If he had lost his sanity, then there is no sin upon him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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