Final Rights – Inheritance #2

Muhammad West


Channel: Muhammad West

File Size: 13.46MB

Episode Notes


  • Summary of the inheritance process
  • Bequests
  • Distribution among heirs
  • Questions you have on inheritance and distribution
  • Spouses, illegitimate children, minor children
  • Distribution during life
  • Charity
  • Legal Consequences
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Transcript ©

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Wu Tang rajim Bismillah R Rahman r Rahim al hamdu Lillahi Rabbil aalameen or salat wa salam ala COVID mursaleen syedna Mohammed mala and he was mine, my beloved brothers and sisters Assalamualaikum warahmatullahi wabarakatuh Alhamdulillah Ramadan I mean who begin with the praise of Allah and I should have Allah ilaha illAllah we will witness that nun has the right of worship besides Allah subhanho wa Taala and we send our love and Deacon so beloved Nabi Muhammad Sallallahu wasallam, his pious and pure family, his Sahaba, and all those who follow he soon until the end of time, Allah bless us to be amongst the man Meanwhile, relax, and hamdulillah we continue with the

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final rites discussion about inheritance, we began the topic of inheritance and spoke about the process, that you start off by writing a wall, and you have an executor who then fulfills the will you pay your death expenses and whatever debts is owed. And you can make awasi bequeath to any charity or non a and then whatever is left over is inherited by your your ears. And through this series, or through this lecture. Lots of people have asked me questions about wills, and inheritance and what happens in this situation or having the law, it's very good that we are preparing for inevitability. Remember, we can't run away from this, best we can do is prepare for it. And as we

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said, it's important to know. So people have asked me advice and questions, I'm going to answer some questions, not all of them. But perhaps the first advice I can give you, like the navy seals, Allah mentioned, said to us study inheritance, every one of us should study inheritance. And there's a course one that I know of alcocer has a course on inheritance, I'll post it online, you can Google it, and you can do a course it will only take you a few hours, maybe eight hours. And after that Alhamdulillah you will have a good understanding of inheritance to go and study the science as the Navy Sallam had instructed us. Now some questions that people have asked, one person has asked, you

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know, someone, my father has died, for example, my mother has died. And she left money she left clothes she left cause houses, how do we value the non cash? How much money do we put to it? What is the value of it? So for any asset that is left behind, we need to value it and its value is its market value? What is the market value? Basically, if you were to take it to the market, you would take the house, you put it on property 24? What would a stranger pay for a stranger, not a family member? What would a stranger pay for this house, a reasonable person pay for this house, a family member can buy the house No problem. But obviously, family members may pay different prices to one

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another. But what would a stranger pay for it? And that is your market value. And so when we calculate the inheritance, the estate, we put a rent amount to every asset. And then we say okay, the house is a million Rand, the car is 100,000 Rand, the money in the bank is 50. Now we put it together, this is the state and each one gets the gets the shape. Now one might say span now, you know, dad passed away all he left was a house. And we have three brothers. Now each one gets a third of the house. But what do we do with a third of ours? We cut those up in three, what do you do? Now all this is for the ears to decide those are the three of them must decide what to do, they can

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decide later in the house out and whatever rental comes in, we split it three ways. hamdulillah they could say we will sell the house. And each one takes a third of the profit hamdulillah one can say no Look mom staying in the house. So we just leave it and we don't take any rental. And of course we don't charge our parents angels panela. But we'll leave it as is. And we will we just leave Alhamdulillah can happen. The only problem comes about, you know, somehow what could also happen is one brother can say, Look, I'm living in the house, really? Let me buy the house from the two of you. Now we should look at what the value of the house is, you know, in the market, what would a

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stranger buy, he would pay 2 million Rand for the house. And we say okay, each one has 33% the one who wants to buy the house needs to buy the other two brothers out. And then that becomes his house. Alhamdulillah what happens as I say the problem is when the IRS cannot agree what to do. And so someone wants the money one once the house one once, you know to keep the house one wants to sell the house. This is something which the IRS must decide and they shouldn't fight over these things upon Allah, you know, you got this wealth not for working with someone died. And Allah has given you this money almost basically free has given you as a gift. And so we should not fight over over these

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things. You want to stop speaking to your brother or your sister over money span Allah, rather, the fact that you are inheriting is symbolic UI family, but always keeping this amongst you as a family. And so don't lose sight over that. And imagine your relative who died who worked for that house, your dad He knows Panama. He was decades that I was paying that house off. And when he died and he gave it to you as a starting point in your life. And to think that his children are squabbling, fighting swing at each other over this assets. panela eagerly waited for him to leave you with nothing, Mala Mala protect us. And someone said, You know I've living with my parents and I revamped

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the house while I was living here, meaning I paid for an extension. That extension was half a million Rand. Now when my mom died. Yes, the house was in her name. What happens to my extension. In reality that extension depends on your agreement with mommy or daddy. If you agree that that is for them. I gave it to them as a gift that belongs to them. And so when they die

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It will be inherited with your brothers and your sisters. But if you said no, this is mine. And if the house ever gets sold, then I must be paid my share. This needs to be put down in a document. And this is probably one of the second big advice I give you. Any agreement you have between siblings, parents, friends, whatever it is documented, so that we know on depth, okay, this belongs to Ahmed that belongs to Fatima. So put that in a document. Someone asked me who can be the witness to the wall witness should be a Muslim. Ideally, it should be two males all of the Sharia does not stipulate the gender. Ideally, it should be two males. But more than that, it should be someone that

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understands the concept. What are they witnessing, so they should know a little bit about inheritance, they should know a little bit about numbers mature enough to understand it. And so have you know solid people to witness your Well, what about Zika so once someone dies, a lot of money sometimes comes into the into the state policies, pensions, all these kinds of things, it gets deposited into the state. Now many times I was not paid on these on these assets, some of these assets and I can't go into much detail some policies attacks occur some do not attacks occur sometimes Zakah is not paid as you are depositing many of us are not pension is being taken all the

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time. We don't think back on this only when it gets cashed out to us to be playing soccer. So that money has never successfully been paid on that money. another man's Panama's had for him, he's been depositing money in some kind of Sharia compliant investment for 20 years. And he died and didn't enjoy a cent of it. And now it comes to his kids knows a copy on that. So to the east, please make sure that soccer is payable, if so, consult a legal and financial Sharia expert, and they will see if soccer is payable, make sure that this is the first day that is paid, you don't want your dad or your mom's panel to have a problem in the cover. Because they have a car outstanding the worst day

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to Oh is the date of soccer. Um, someone asked about minor children not so much about money. But what happens who gets the kids in the case of a divorce or death. Now in the case of divorce, all things being equal, if the father and the mother are equally stand up, and you know, they're healthy, and all those things are fine. And the mother has a greater claim to the children in terms of the Sharia. by year, I mean, she has the greater rights for the children to live with her. As for the maintenance of the children, the father is always responsible for it. So even though they're not living in his house, he needs to pay for those children's school fees, the food, the lodging,

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whatever it might be, and even pay the ex wife for looking after the kids because now it's part of of his responsibility that she's doing. And so this is what the show is, is in the case of with one partner one the husband dies or the wife dies. And of course we regarding the children will be the surviving spouse, the surviving spouse would be the guardian, unless there's some reason to disqualify the mom or dad for some whatever reason it might be, sadly, in our protectors from this, if someone dies, Mom and Dad, both of them die car accident, and now there are minor children. They only a few, you know, five, six years old, what happens to them, then the mother's family has

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preferential right over the kids from the Sharia perspective, you know, the Hadeeth How do you say is that the sister of the mother, the maternal Auntie takes the position of the of the mother. And so they will have a greater right the mother's family over the children until the children will color old enough to make their own choices. What happens to the wealth, so mom and dad again, mother protect us, they passed away, and the kids now go live with an auntie. But the mom and dad left the house who left some money for those children, what happens that assets must be kept by The Guardian by the ante in some kind of a test. And she must make sure it is there. And so when the children are

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old enough, they will inherit Allah speaks about this in Surah verse number six, Allah says, and you must teach the orphan until they reach the age of marriage until they are mature enough. And when you are sure they have sound judgment that they are mature, when give them the property, give them that which belongs to them. And this idea goes further, that if you're poor, you might take a little bit of that assets while you're looking after it. But if you reach you can't take anything and be very careful. Of course, the wealth of orphans is perhaps the most secret of wealth. And so Allah says and give them back that which is owed to them, what is due to them once they are mature to

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receive it, receive questions around illegitimate children. As we said in last week's lecture, a child that is illegitimate does not inherit and someone wants to know what does illegitimate mean? Someone said, well, you find people that, you know, my law protect us they come into the sun, and the lady became pregnant and immediately they had a Thursday night nikka you know, mutrah as they must marriage, and then the child was born, Mashallah eight months later, what does this mean? Is this child illegitimate? No, the child is legitimate. A child born in Mecca is legitimate child both indika is legitimate. So we don't be confused about how the child was conceived. It was how the

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child was born. Another case of illegitimacy video here one is where a child born in nica, his father disputes the paternity of the Father.

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This is not my child. Basically, he's saying his wife committed Zina, and a court case is basically held. And there's a thing called the the long story short, and then ultimately the husband, wife or separated, this child will not be attributed to that man. And this was all before there was DNA testing, of course, today we can prove with DNA testing. If a case like that happens when that child doesn't inherit from that man, of course, you cannot have an illegitimate child maternity. So for maternity, we know who your mother is, and you'll always inherit from that lady. Another interesting question, what happens if two people claim to be the father of the child who gets paternity in that

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case, from an innocence purposes and all these things? This is a standard law in the Sharia, and you should memorize it, the Hadith, the prophet, Allah says, Allah, what are the only thrush, that the child belongs to the marital bed, wherever the lady's married to any children that comes from her while she is married to his children by default, unless athma disputed otherwise, that is his child, even if he doesn't look anything like that is his son, and the son that he says, are ruled in this regard with regards to those things as well. And I'll protect us. And as we said, These people Allah has made our family members even in this there are family members, that Allah has prescribed

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inheritances for them, and just shows you the one that Allah has made between us. The next almost changing gears now receive the law of inheritance. muscaria is very technical, a lot of rules. It's a bit difficult. What makes it even more difficult, much, much more difficult, is that while there's a law of inheritance from a Sharia perspective, is also the law of inheritance from the South African legal perspective. And we need to be very careful, because there are big consequences from a legal aspect. And I must say that I'm going to speak about tax law and legal things. I'm not a expert, by no means I need to make that clear. And so please consult an expert. As I said, you can

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save so much money, you can save so much money by speaking to an Imam with regards to Sharia stuff, and an accountant or a lawyer and preferably a Muslim one. And they can help you make sure you make the right choices because it's very expensive, legal, legal repercussions. For example, if you die without a wall, you are set to die intestate. What does this mean? It means the South African government will input a wall on you, and they will take your money and your assets and give it how they how they pleased to you is in the way which they deem fit. And so they will take control of your estate if you die without a will. So be very careful of that. Also, it's very expensive, up to

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20 25%, a quarter panel of your assets can go to the government in terms of estate duty estate taxes, you need to pay the government the tax for dying panela How is this government's problem Allah protect us. And if any further than that the person as we said the executor, the one who will take your estate and sell and you know, basically look, you know, distribute your estate, this person is called the executor, they take three and a half percent of the gross value meaning before we take the debts of theory off person comes to them and for doing the world executives fees. And so this becomes very expensive. In the case of a of an estate. Another thing that we need to be wary of

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is coming in called capital gains tax. This doesn't only happen when you die, but if ever you buy an asset and you sell an asset, right, you buy a house for a million Rand and you sell it for 10 million Rand Mashallah that house grew in value by 9 million, you will be paid tax on that, you know, 40% of the gain comes into your estate, and you need to pay tax on it. So, almost 20% of that will be taxable, taxed, 20% of that profit will be taken by the government, the government will take that amount. And so because assets are being transferred from the dead person to different people, you must be careful, they could be in certain cases, capital gains tax that is, is liable. spamela

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20%, of your estate goes to state duty capital gains or over increase in value three and a half percent of executives fees, and many, many was advertised in the paper that hammered has died. And so many things every time you launch a paper, this cost this cost this cost and it can take very, very long and while the time is going you're paying these things, or they're all the state is paying these things, and the government is taking this money. And then we contrast that panel law, how amazing Sharia doesn't take a single seat even though all of it belongs to Allah, he gave it to you, he takes it but he doesn't take a single seat for the sake of the masjid or to the Imam or to the

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orphanage. You know, all of it goes back to you is an who's just and facepalm Look at this. This government taking so much of your estate and the Sharia doesn't take a single cent You know, it all goes to your family Allah looks after your family even after you die a lot looks after your family a lot but another area that is very confusing and even I you know, I had to do a lot of research on this to understand this thing. That if you get married in the masjid and you don't go to the court you just had any car my mom gave the finger you say kaabil to Nicaragua garlic house you're married? Yes. From a Sharia perspective. You are married legally in South Africa. You're not married. That

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woman is your roommate. You are flatmates. SubhanAllah and if you die, she will not be seen as your spouse. You will not be her husband.

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So you lose all the rights of a spouse and we'll talk about the some special rights given to a spouse, but you are not recognized legally as spouses. So what do you do? You must go to court and get married legally or register your marriage in the court or have an Imam who is a marriage officer, do the Nika now also interesting to understand once you get married legally, the default rule is you are married in community of property. What does this mean? So I got married to Fatima, Ahmed Masha, Allah, you know, he had a flat Fatima had a call when they got married, the South African law put this call and this flecked together and says, Now you have a joint estate. And now

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Fatima owns 50% of his flag. And Ahmed owns 50% of her car. And as they earn money, she works he works, they buy another house, they buy a boat, whatever it is, each one will own 50% of everything. This is called community of property. Strictly speaking, the Sharia does not allow something like this. Why? Because that call always belong to Fatima Ahmed should not take anything of it that houses or Hamas she she doesn't have a claim unless he gives it to her. There is no automatic claim. But it's also problematic community properties. If one has a date, one goes and Gamble's one takes alone, the other one is liable, you know. And so the Sharia does not want one person to pay the

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liability of another person. And so this in community of property is problematic. And so what do you do, if you get married and you don't make an agreement, you will automatically be in community of property, what you must do is you must say I don't want to be married in community of property. Vain when a man and Fatima gets married, that call is still in her name. The house is still in his name at hamdulillah. But here's another problem. Why? Because now they get married. Fatima says, you know, we're gonna have kids, I'm gonna resign from my job and I'm going to live at home and a hammer continues to work in Mashallah you works, he does, well, he buys another house, they buy another

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boat, all these things, and all the assets are in his name. And Fatima has 02 100 now Subhan Allah, he passes away, and everything isn't Muslim, and nothing in her name. Now she only gets 12 and a half percent was a Sharia, he only get 12 and a half percent. So all that essence that you helped him work for, you only get 12 and a half percent that's intellectual high, his mother gets 1/3 even, you know, in certain cases, 33%, you get less than half of that muscular. So what do we do? How do we get out of this, the best thing to do is to be married, perhaps out of community of property and have an agreement, a marriage agreement between the two of you where it is agreed that as we buy

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every asset we buy every year and we earn 20% 30 50% however it might be goes to husband goes to wife, and that is yours. So you don't wait for death, even if they get divorced. When the house vanilla, she must get her share of what was accumulated in the marriage, but there should be an agreement between them. And so before, you know, you know, he passed away very sadly, we first say okay, all the assets are in his name. But in reality, they had an agreement. We it says 70% of everything is actually colleges, and oh Fatima's. And so we transfer that 70%, and only the remainder is his estate now that must be inherited and be given out a lot. Also, what is important

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to understand, as greedy as the taxman is he gives certain allowances certain concessions when assets transfer between spouses. So for example, if you want to donate, if you donate more than 100,000 Rand to the masjid or to some organization that isn't a legal charity, a special kind of charity, then you pay taxes, you must pay the government tax for giving charity. So you donate, you know, you give your child a house free of charge as a donation. And so if it's more than 100,000, you must pay the government taxes for that panel. It's strange how we will have you get paid for giving charity. But when you give charity or donations to your wife or your husband, then it's tax

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free, even if it's billions of rands tax free. Also, when assets transforms I give I give my house to my child, or they buy it this transfer duties, usually, between spouses, and especially on death, all the assets can shift to the surviving spouse, and there's no taxes in that the taxman doesn't take from that. And so it's very important to know what benefits you can get, you know, first your spouse must be legally recognized, your marriage must be recognized legally. And then it can be structured in a way that reduces your taxes in a in a permissible manner. And so again, consult your financial advisor for this advices and tips. Number one, I advise you today to sit down and actually

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document what are my assets and my liabilities? What are the things I own? And what do I owe? And you might find that there are certain things that you didn't think about, and you sit down with your wife, your husband talk about it, she might say, Well, that doesn't belong to you, that belongs to me, and then you might actually realize panela we have a disagreement here. And so it's best to sort these things out now. Also, as I mentioned, consult an accountant, a lawyer and an Imam. It will cost you a few 100 grands and it can save you many millions of rands in a span of lie

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I have a close friend who is a, an accountant and a legal adviser about these things, you know, asked what do you charge consultancy for this, he said a few 100 grand for two, three hours. And it can you know, not much money, you can have consultations and SubhanAllah. I don't even have to ask any of the Imams, you can free consultations, consult with an expert, it will save you so much and they will give you the advice. This is what you must do from a Sharia perspective and what you must do with a legal perspective. But number three, what you can do is go online today and ask you know, typing the Sharia inheritance calculator, Islamic inheritance calculator, a screen will pop up, and

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then it will ask you how many sons Do you have daughters, you have mother, father who's still alive, you put all the information, you just click the buttons, and it will spit out an answer and tell you this is what your Sharia wall will look like your inheritance. And so you'll see that almost Pamela when I die so much is going to Ayesha. So we're just going to optimize and now you know what to do. And then have a discussion with you as have a discussion with your family members and say, Look, if one particular I die today, this is what's going to happen. And so how can we prepare for this. Also, as I said, document, every agreement that you have, if you have any financial agreement, have

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it documented some way and keep those documented documents safe and be away that they are legal consequences on top of your Islamic consequences.

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Someone wanted to know to get out of all this wills and issues complicates things can i Al Hamdulillah, I left a very I'm at my at the ripe old age. I'm not in need of houses and assets. But all these things are on my name. Can I get rid of all my assets in my life? Yes, Alhamdulillah no problem to do so you can distribute your assets in life of the things you can do is for example, if you want to give gifts you can give gifts as a problem you can give gifts you can give donations sadaqa charity, you can do that. But of course make sure that the people that your family members who would inherit that they get the shade. And so with regards to is when you give children the

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prophets of Salaam said that we should only give equally to all our children. So if I give 1002 Muhammad I Seamus get 1000 customers get 1000

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Zahara must get 1000 each child must get equally right even though you said but But sir, I haven't seen it. She's Oh, she's a millionaire, Masha Allah, she doesn't need 2000 No, no, you must give it to her, she can give it back to you if she wants to. Mohammed, I haven't seen him for years. You know, he hasn't spoken to me for years, so long as a Muslim, and he still doesn't have to be a Muslim, you can still give it to him as a Muslim. And so long as he's you know, I've seen mine and he's, you know, he can he can he can use this money in a good way. You know, and I didn't even say good way. Because sometimes parents feel if I give it to him, he's going to use it in the wrong way.

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And just because you don't like what he's going to do with it so long as up how long so long as it's not evil, you know, but still, you must give to all your children equally. And so the professor said, asked a man when he saw he was giving one child all over the other than me some says to him, Do you not want all your children to honor you do not you want, don't you want all your children to honor you and love you equally. So be fake, and then give each one each one equally.

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To conclude, I want to mention another aspect. So we talked about inheritance, and it's really good to make sure you know how many life you pass away, and you're able to, you know, your children and your spouse inherits, and they are not left destitute, it's very, very good at hamdulillah you've taken care and this is beautiful, you know, someone very close to me has passed away. And you know, on his death Alhamdulillah his state is able to make sure that even after he's gone, he's relatives, his kids, his wife are supported and they will always be taken care of, you know, so I'm not even in depth is made sure that Amana which Allah has given him more than the money among the people among

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his life. He is taking care of him with his heart with his work and Hamlet What a great Baraka that is, but besides that, it is better remember to also make sure that you take care of yourself when you die, and that is in charity, your charity is your investment in the author and the promise and we spoke a lot about being generous before it's too late. The you know an of the Rama is that people Allah doesn't think you suddenly it gives you a deathbed. And so in that time on your deathbed, you can give some sort of call away, Allah gave you a chance. But even on your deathbed, it's not the best time to give your sadhika abyssal Sonam said whenever what is what is the best form of charity

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that I'm using the best time to give charities when you're young and healthy and strong. And you have plans and ambitions and to give now is better than on your deathbed when you say quickly she has taken us and give that now you're very worried when you're not in it now you don't need the money now you'll give the charity that charity is a Commonwealth charity you'll be rewarded with but it's not of the same quality when when you gave when you were when you were healthy and so there'll be some also said you know one dinar one Rand given when you are young when you're healthy and alive is better than 100 dinars underground given when you're on your deathbed when you're dying. And

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another example he said the one will give charity when he's healthy, and he's expecting to live long.

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versus the man who give charity on his deathbed is like the man who gives charity he feed someone even when he's hungry, so you're starving. And when you see someone else's even more hungrier, and so you give, even though you're hungry, you wanted it, but you gave it when the Met versus the man who ate is full, and he basically can't eat anymore. And now he gives that that piece of bread to someone else. He's only giving what he doesn't need anymore. So it's not as sincere. And so remember to give charity before you die, and even better before you are sick and old. Give now when you're young and healthy, especially in a situation when so many people I need remember as COVID affects

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people, not only people organizations, mostly it's

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orphanages, why not so many good organizations are struggling. May you know now is the time to really to really show you are satisfied. Remember, the Prophet says charity does not in any way diminish your wealth, you will not get poorer, through sadaqa, Allah will give you more and double and more than what you have given Allah will ensure that you have within the dunya of the author and then I'll be some season. Look at this Heidi serhan like for this if there was only one happy to take from this lecture, take this Hadith, he says also give charity without a delay immediately because it stands in the way of calamity in the way of catastrophe. We living in a very dangerous

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time. Everywhere you look. Is this a virus a plague. This is the vaccine give charity and it will protect us from a calamity. Charity is the insurance that we buy Allah security so give charity to the masjid to the orphanage to the orphans to Evers panela give charity and don't delay. The promises on them even says protect yourself from the fire of john even if it is a data don't look at a piece of a date. So don't look at the quantity give something give something it will safeguard you from even the calamities of the era and then the last Hadeeth and how appropriate is Hadeeth now there will be some seeds when a person dies when you die. That's it comics Allah anymore con

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McVicker countryside anything all your account comes to a close now has the estate is finished. Except the only person whose good deeds will continue is someone who lived a Southern California area and so everyone must look to I have an office question. Do I have a Serato DJ area that will work for me off the IDI What is this area? It could be an asset, it could be something you built a Masjid you contribute to a Masjid you contribute to a well and while the well is working people are drinking you plant the tree and the birds are living in the tree and someone is thickening for shade. You will get benefits panela you bought a che and gave it to a school and children are

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certain that che Alhamdulillah you'll get rewarded for it. You're not or you gave a asset that wasn't physical, you gave some knowledge and people benefit you taught someone something you

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wrote, you know you shared some information that was good and people benefit from it. Alhamdulillah while that continues to be used even after you die, that good deed will give you charity but perhaps the best article God all of us must give. This is the most important one is that we leave behind children that are good people and they will know their Deen and will practice the deen and as they're doing so make dua for you and me, you will continuously get rewarded as Pinilla. It is better to leave behind pious righteous children than wealthy children. So when we talk about inheritance, we think if I die, what's going to happen to my kids financially is good, but more

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importantly, what is going to be the state of my kids spiritually of the IDI and that is more important. And so may our biggest asset would be our house, our bank accounts May our biggest asset, our children and that we leave behind out the people that we leave leave behind that they will better they will better because we were in what we have done for them. Ma Spangler Grant has to live a long, prosperous, healthy, successful life. And in May we die many many years from now in on demand and taqwa and in the best possible state with a kalama on our tongues. I mean, and we will be united in general favoritos love mercy and all those audit and she farted those oil are sort of lost

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in a moment when it all sappy so I'm sitting in

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