• +27 11 413 2785/6

Delaying The Dissolution Of The Estate

Question

What is the Shar’iah ruling regarding the amount of time a family has to wind up the estate? We have heard that the father could be placed in difficulty in the Qabr if his estate distribution is delayed? Kindly elaborate.

Answer

Shariat encourages us to distribute and dissolve the estate of the deceased as soon as possible. One should diligently, under the guidance of an experienced Aalim distribute the estate in accordance with Shariat. Fulfilling the Marhoom’s debts should be priority as this is the cause for the Mayyit suffering in the Qabr. The following Hadith which is found in Tirmidi Shareef informs us of this: 

Nabee Sallallahu Alayhi Wa Sallam “The soul of a believer remains suspended due to his outstanding debt/s until it is discharged on his behalf”

Whatever remains after discharging burial expenses, debts and bequests is the right of the heirs. Their rights should thus be fulfilled as timeously and amicably as possible. Due to legal constraints of winding up the estate through the legal channels, there could be a delay that is beyond the control of the executors and heirs, but that would be acceptable. However, the dissolution of the estate should be treated as a matter of urgency and there should be no unwarranted delay, as it entails the
rights of others and thus should be fulfilled as swiftly as possible.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(الترمذي ص ٣٨١ ج٣ رقم ١٠٧٨) 

Related Fatawa
Profits From A Business In An Undistributed Estate

Question When a man dies and he has a business. Now two of his sons run the business after his Read more

Heirs Gifting An Inherited House To Their Mother

Question "However an heir may dispose of his/her share of inheritance after taking possession of it as he/she wishes, whether Read more

Clothing, Shoes And Personal Items Forming Part Of The Estate

Question Does personal clothing items, shoes etc form part of the deceased estate? If so, how does one place value Read more

Declining A Share In Inheritance

Question A Marhoom's son is from a previous marriage. If this son refuses to accept being part of the estate Read more

Selecting Guardians In A Will

Question I am busy with my will and I would like to know who can be selected as guardians for Read more

Darul Ifta - Darul Uloom Azaadville - Madrasah Arabia Islamia