Mufti Menk – Writing a Will

Mufti Menk
AI: Summary © The speaker discusses the legal framework for writing a will in non- Islam countries. They explain that writing a will is prohibited in most co acknowledge that writing a will is not allowed in the same way as in Islam. The speaker also discusses the legal framework for writing a will in the same way as in Islam.
AI: Transcript ©
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Salam Alaikum, I was asked a question, is it true that writing a will is haram in Islam? Well, I can tell you that the money that you have belongs to Allah, remember that. So he allows you temporary ownership of it while you're alive, I can do whatever I want to do with my wealth on condition that it is within the pleasure of Allah. And if ever, I have spent something wrong way, or I've earned it through wrong means I need to seek the forgiveness of Allah and repair the damage. Okay? Now, the minute you die, Allah says, your wealth will be divided the way we want it to be divided, right, but we only give you a certain portion that we would allow you to give people whom we have not already

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decided, we'll be getting a portion. So if a lot decided that some people are going to get a portion from your wealth, you cannot increase that you cannot decrease that. But if Allah did not speak about certain categories, your friends, your you know, distant relatives, someone who's not in the picture, or Muslim or non Muslim, whoever it may be, you want to give them something, you're allowed within one third of your wealth, to write up a rasiya or a bequest. Some people call this a will, right. So you write it up, up to one third of whatever you've left, so you say, I want so much to go to so and so and so much to go to so and so. As for the following categories, you can never write

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for them, because Allah has already given them a share. If they are alive at the time of your death, who are they, your son and your daughter, your father, your mother, your

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spouse, there goes, so the husband or the wife, father, mother, son or daughter, those categories, you can never increase or decrease, Allah decides what they're going to get after you die if you're alive. And when you're alive, you can give them whatever you wish, you can give your mom, your dad, your relatives, your brothers, your sisters, etc, in the absence of a father and a son, and there is no grandfather either, then the brothers and sisters will come into the picture.

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In fact, we should consult the scholars at that point. But the question today was, is it true that writing a will is prohibited? Well, if you're living in a non Muslim country, you may have to write a will to tell them that you want to split it in a specific way. So what we do at times is, we get people to write a will to say that if I were to die, then such and such an organization should issue a certificate as to the shares and the heirs of my estate, and it will be executed accordingly. Right. So you executed accordingly. And what will happen when you die, they will get to that particular organization or whoever it may be, and get a certificate from them, that these are the

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heirs and these are the shares and their goals. Now, not every country works that way. So if you're living in a Muslim country, probably I'm guessing they would arrange that already. In most countries, they would have a proper system where whatever Allah has said would work, I hope if it's not that case, then you will still have to write up something. So when they speak of a will in a non Muslim country, they're speaking about writing up something to make sure that the right share is go to the right for people. If you as an air has gotten a share bigger than the Quran has given you, it's up to you to give it back or to give it to the ones who deserve a portion or you know, you

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calculate who's supposed to get it and you give it to that particular person. And if you have got your the right share and hamdulillah if you got less than that, then the person who's got more this should be giving it to you, okay. Now, when it comes to the issue of a person who has written a will, and they have included in that will people who already have a share, you cannot take more than what Allah has given you. Because that's from Allah subhanho wa Taala. So, I hope this answers your question. Is it true that writing wills is prohibited? Well, if you're living in a non Muslim country, and that will is only going to make clear what a law once from you then there's nothing

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prohibited about it. You may have to actually do that in many countries. But if you're if you are talking of the one third that you have a say regarding then you can write a bequest, some people call it a will, that if I die then I want from the one third, this to happen a little bit to go to charity, some to go to this person, that person maybe this organization that thing up to one third, beyond that, you're not allowed to have a say

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Islam, your Islam and your belief already determines that your father's meaning your parents, your children and your spouse would actually be the first in the line of those who are going to be getting a share from whatever you've left behind. May Allah bless all of us are colloquially hada sallallahu wasallam albaraka. Alana Bina Bynum.

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