• +27 11 413 2785/6

Revoking A Bequest

Question

If my grandma gave me £5000 

When she she gave it she said give it back to me whenever you can there’s no time limit 

Then later she said the moneys forgiven if I’m not alive anymore 

3 months later she said to me you need to give half of it if I pass away to the masjid I’ve built she’s building in a country 

(Once it’s been forgiven like that , do I still need to give half the money back after she passes away or it’s been forgiven )?

Answer

In principle the testator has the right to revoke, annul and renew the bequest.

Considering the above principle and the ruling that “forgiving a debt in such a way is considered as a bequest” the testator in the scenario mentioned has the right to revoke the bequest and make changes in it. Therefore, you will have to abide by her bequest by putting half of the money in the Masjid project, implying therefore that the loan was not entirely forgiven. 

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(الهداية ) بشري – 341/4

) درر احلكام في شرح مجلة الاحكام 1/77 – دار الكتب العلمية الطعة الثانية- 2018 

Related Fatawa
Verbal Wasiyyat

Question Please can help with the following query.A person during his lifetime mentions to several persons that he made a Read more

A Bequest In Favour Of An Heir

Question My mother was terminally ill, about two weeks before she passed away, she requested that her wealth be given Read more

Recipients Of Fidyah

Question The whole wasiyyah 33.33% of the deceased was left for unkept salaah’s and roza’s. Who can these funds be Read more

Calculating Missed Salaah Of A Deceased

Question A Marhoom was bed ridden in the last few weeks before passing… How should his missed salaah be calculated Read more

Bequeathing A Property To Your Step Daughters

Question I am the right full owner of a property. My daughter and son in law approached me and asked Read more

Darul Ifta - Darul Uloom Azaadville - Madrasah Arabia Islamia