Leaving a Will: Honouring a Will That Allocates Part of the Estate for Religious Duties Despite Heirs’ Objection

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Honouring a Will That Allocates Part of the Estate for Religious Duties Despite Heirs’ Objection

English:

Question #1819:

A person instructed in his will that some of his property should be spared to pay for religious tithes such as khums, zakat, kaffārah which he owes as well as rituals like missed prayers, fasts, and haj. This was witnessed by a number of trustworthy people, including one of the man’s sons. However, some of the inheritors did not agree to this arrangement, demanding the distribution of the entire estate amongst the heirs. What can be done?

Answer #1819:

Assuming that the will is proven, by way of shar‘ī evidence or the inheritors admitted the will, they have no right in demanding the inclusion, in the estate, of property that was earmarked by the testator in his will to be spared if it is less than one third of the entire estate. It is obligatory on them to spend it in the avenues the testator had set forth.
However, if it is established according to shar‘ that the deceased owed money to other people, or religious dues of financial nature, such as khums, zakāt, kaffārah or of both financial and physical nature like hajj, or the inheritors admitted that although the deceased did not provide for the same in his will, it is obligatory on them to set aside a sum equivalent to these debts from the whole estate and divide the remainder amongst themselves.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will