Praise be to Allah, The Lord of The Worlds and may His Peace and Blessings be upon Prophet Muhammad and upon all of his family, companions, and those who follow him.
When the son of Adam dies, all the wealth he possessed at the time of his death becomes part of his estate, whether it is movable wealth like money and furniture or immovable like land and property. This also includes the outcome of efforts he made during his life, which yielded results after his death, such as setting up a fishing net in which a catch is found, blood money (Diya), compensation for injury (Arsh), or a deposit he left with one of his children. [Kindly refer to Mughni Al-Muhtaj, vol.4, pp.7].
There are four rights related to this estate, ordered as follows:
First Right: Preparing the Deceased
This refers to washing, shrouding, and burying the deceased in a manner appropriate for their status. Since preparing the deceased is one of their needs, it should be done as if fulfilling their worldly needs-without extravagance or stinginess, in line with their financial situation.
No other right precedes the right of preparing the deceased except for debts tied directly to the estate, such as a mortgage or Zakat (Alms) that was due before death. The "right tied to the estate" means a debt that is connected to a specific item, such as mortgaged land or goods purchased by a bankrupt buyer.
Imam Al-Nawawi said: "If there is a right attached to the estate, such as Zakat, a loan, mortgaged property, or goods purchased by a bankrupt buyer, it takes precedence over the expenses of preparing the deceased. And Allah the Almighty knows best." [Minhaj Al-Talibin, pp.180].
The reason preparation takes precedence over settling debts is that the Prophet (peace and blessings be upon him) would order that the deceased be shrouded and buried immediately, as seen in the case of the man who died while in a state of ihram after being trampled by his camel. The Prophet (PBUH) said: "Bathe him with water mixed with the leaves of the lote tree and shroud him in his two (pieces of) cloth (Ihram), and do not cover his head for Allah will raise him on the Day of Resurrection Pronouncing Talbiya." [Agreed upon]. He did not inquire whether the deceased had debts, even though he (peace be upon him) would ask about debts when a funeral was brought before him. If the deceased had debts, he would say: "Pray over your companion" (Al-Bukhari. Kindly refer to "Mughni Al-Muhtaj," vol.4/pp.7). Since someone who is bankrupt is allowed to keep something to cover himself, this is even more the case for the deceased. Imam Al-Ramli said: "Because he needs it, just like the bankrupt, and even more so since his means of earning a living has ceased." [Nihayat Al-Muhtaj vol.6/pp.5].
The family of the deceased should be cautious not to spend from the estate on funeral and mourning ceremonies, as this is impermissible. The deceased's wealth becomes the right of the heirs after fulfilling other obligations. It cannot be used without their permission, and if there are minor heirs, it is forbidden to spend their share. Their permission is invalid since they are not legally competent to give it.
Let those who indulge in extravagance in funeral ceremonies from the deceased's wealth fear Allah, for such ceremonies are not part of preparing the deceased. Preparation, as mentioned earlier, is limited to washing, shrouding, and burying. Most of these ceremonies involve extravagance and, at times, showing off.
However, if one of the adult heirs voluntarily donates from their personal wealth within reasonable limits, there is no harm in that.
Second Right: Paying Debts
After the deceased is prepared, their debts are to be paid. These debts are of two types: debts owed to people and debts owed to Allah.
Debts owed to Allah include obligations such as vows, expiations, or obligatory Hajj, while debts owed to people are the well-known financial obligations, such as loans or debts from transactions. The deferred portion of the wife's dowry is also considered a debt that must be paid, a point often overlooked.
If the estate is sufficient to pay off all debts, they should be settled accordingly. If the estate is insufficient, and there are multiple debts, the prevailing opinion in the Shafi'i school is that debts owed to Allah, such as Zakat, expiations, and Hajj, take precedence over debts owed to people. Al-Khatib Al-Shirbini said: "Debts owed to Allah, such as zakat, expiations, and Hajj, take precedence over debts owed to people according to the more correct opinion" [Mughni Al-Muhtaj, vol.4/pp.7]. The Shafi'i scholars base this on the hadith of the Prophet (PBUH): "The debt due to Allah is the one which most deserves to be paid." [Agreed upon].
Third Right: Fulfilling Bequests
If the deceased made a bequest, it must be fulfilled, but only within one-third of the remaining wealth. It is not permissible to exceed this one-third unless the adult heirs give their consent, as their consent would be a donation of a right they own. These rights are fixed and it isn`t permissible they encroach upon each other. The Prophet (PBUH) told Saa’d Ibn Abi Waqqas when he wanted to make a bequest, "One-third, and one-third is a lot." [Agreed upon]. However, there are conditions and restrictions regarding bequests that cannot be elaborated here.
Fourth Right: Distribution of Inheritance
After the previous three rights are fulfilled, the remaining wealth is distributed among the heirs according to their shares prescribed in the noble Quran. However, it is important to note four points here:
1. The heirs' right to the estate is not fully established until the prior rights are fulfilled. If one of the heirs takes anything from the estate, even a small item like a cane the deceased used, they do so wrongfully, as it may belong to a creditor or a person entitled to a bequest.
2. Everything left by the deceased is part of the estate, whether it is of great or little value. No heir may take anything without the knowledge and consent of the other heirs, even after debts have been paid. If there are minor heirs, taking anything is strictly forbidden. Those who do so should beware of Allah's punishment for taking the wealth of an orphan, even if the orphan is their sibling. Allah, The Most Exalted Says (What means): "Indeed, those who consume the wealth of orphans unjustly are only consuming fire into their bellies. And they will be burned in a Blaze" [An-Nisa/10].
3. Some items that are thought to be inheritance may actually belong to the wife, such as furniture she brought as part of her dowry or gifts from her family. These are not part of the inheritance but belong to her, although she allowed her husband and children to use them.
4. Deposits left by the deceased with one of their children are not for that child to keep but are part of the inheritance, as explained earlier, and belong to all the heirs.
We ask Allah the Almighty to grant us a good end, forgive us, and cover our faults in this life and the Hereafter. He is The Guardian of that and Fully Capable of it. Our final call is praise be to Allah, The Lord of The Worlds.
