What is the ruling on the money that the deceased woman gave to her daughter a month and a half before her death, and what is the share of each heir (a son and two daughters)?
The estate of the deceased, who is survived by one son and two daughters, is to be divided into four shares: the son receives two shares, and each daughter receives one share.
As for the amount the deceased gave to the inquirer: if she gave it to him during her death-sickness, then this gift is considered a will (wasiyah) that is to be executed from one-third of her estate and for someone who is not an heir. If the amount does not exceed one-third and the inquirer is not an heir, then the will is effective. If the amount exceeds one-third, then only one-third of it is to be executed, and the remainder is to be returned to the heirs. If the inquirer is an heir, then the will is not effective unless the other heirs consent.
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- Ftawy
- Original fatwa ID
- 109691
- Imported
- Translation status
- Source text, unreviewed
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