Gift to be received after a person'...

Egypt's Dar Al-Ifta

Gift to be received after a person's death

Question

We reviewed request no. 933 for the year 2004 which includes the following:

    The inquirer's aunt wants to give him and his brothers a sum of money as a gift which is less than one third of her estate. Therefore, she decided to purchase bonds in their names, stipulating that she receives the interest upon these ' bonds' as long she is alive. The beneficiaries are not allowed to dispose of the bonds or take the interest upon them except after she passes away.

    What is the extent of the legitimacy of this gift?

Answer

This is a bequest since it stipulates implementation after the bequeather's death. Therefore, it follows the rulings concerning bequests in that it must not exceed one third of the estate except with the heirs' permission.

Allah Almighty knows best.

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