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Can Everything Be Written In A Will Anyway A Person Desires?
Or do we need to follow the prescribed distribution? Can we adjust portions based on need? Can estranged children for over a decade be given nothing or given very little?
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7 Replies
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Can Everything Be Written In A Will Anyway A Person Desires?
updated 3 years, 4 months ago
2 Members
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7
Replies
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When you get a chance, please let me know with a brief answer for all 3 questions.
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What would be the portion for charity and relatives from inheritance? When would it be drawn?
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In the law of inheritance it is the will which is said to prevail first, and if there left anything, only then the prescribed law will be exercised. the phrase من بعد وصیۃ precedes the law.
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It is the person, who has to decide the portion of charity he want to give, no restriction or prescription is there. it is you sense of justice and good will which will decide for you what to do. charity and will be come after debt is paid off if any, and expense of burial is done.
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Thank you Dr. Irfan for your help, I had the same understanding from Quran.
Do you know why so many other scholars recommend only 1/3 to be willed and the rest to be distributed according to division in Quran?
Also can a person leave nothing to an estranged child?
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Since our conventional religious thought considers Hadith ( akhbaar Ahaad) to be the source of religious authority , they adjusted or altered the open or Mutlaq injunction of Quran with a Hadith in which the prophet suggested Saad bin Abi waqaad to give a third of his wealth in charity and it was when Saad asked for it. And the prophet said that a third is enough for you. It was not a legal statement but a suggestion.
Yes since there is no restrictions on will so one can leave nothing for any of his children if he thinks they don’t need or deserve it.
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Thank you! Dr. Irfan
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