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The Rights Related to the Estate
Author : Dr. Mufti Sa`eid Farhan
Date Added : 09-10-2024

 

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.

 

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Summarized Fatawaa

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the ruling on praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

Does the time of Fajr (dawn) prayer start after the first Athaan (call for prayer), or the second one?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    The time of Fajr prayer starts after the second Adhan. And Allah Knows Best.

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