In the Name of Allah, Most Merciful, Most Compassionate
Assalaamu alaykum
Dear Friends
I pray that you are well.
Whatever you give seeking thereby purely for Allah's pleasure is a tremendous thing for Allah. Allah's mercy is tremendous. There is a tremendous reward for your good deed. So don't feel that you have to give a lot before you give.
If you make an inventory of what you have, you will find that you have a lot in your possession to give. You don't have to look into your bank accounts or your investments. Just look around your house--your garage, your closets, your pantry, in the drawers and cabinets, even in your car, etc, you will find so many things you have accumulated over the years that you don't really need, and some you may not even remember that you have been hoarding them. These things can go to charity or be converted into cash and give to the masjid or the needy
While you are alive, you can give charity as much as you want but when you are on your deathbed, you cannot give more than 1/3 of your wealth. So, give and continue giving while you are still breathing. InshaAllah, it will add to your scale of good deeds, and you won't be sorry when you come before Allah on the Day of Judgment.
If you have something to give away, it is important that you also have a Will (wasiyyah).
كُتِبَ عَلَيْكُمْ إِذَا حَضَرَ أَحَدَكُمُ ٱلْمَوْتُ إِن تَرَكَ خَيْرًا ٱلْوَصِيَّةُ لِلْوَٰلِدَيْنِ وَٱلْأَقْرَبِينَ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ ﴿١٨٠[Qur'an Al-Baqarah 2:180]
Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous. (180)
Even a small item like your 50 dollar gold wedding ring gifted to you 50 years ago by your then starving college student husband or that ornate vase sitting on your coffee table for the past 25 years or that nice silverware displayed in your China cabinet can be a source of unhappiness among those who you will be leaving behind and a cause of discord between them after you die. How many times you hear families fight over the estate of the deceased and many cases go for decades without resolution.
It is not necessary that these people are bad or greedy, but people are easily overcome by emotions after a death of a loved one and some may not necessarily react properly. So, don't go more than 2 nights without a Will and best still try not to leave too much stuff for your heirs. The less you leave behind the less things they have to contend with and fight over after you die.
So, what do you do? Give away the things that you don't really need and don't keep hoarding stuff.
Narrated Abdullah bin Umar:
Allah's Apostle, Allah bless him and grant him peace, said,
It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.[Bukhari]
Narrated: Amr bin Al-Harith:
(The brother of the wife of Allah's Apostle, Allah bless him and grant him peace, Juwairiya bint Al-Harith, may Allah be pleased with her)
When Allah's Apostle, Allah bless him and grant him peace, died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity.[Bukhari]
The one appointed to handle the estate of the deceased should consult a qualified scholar to make sure the estate is distributed according to the Islamic inheritance law, whether or not the deceased has a Will. You would do the deceased a great favor perchance that the deceased did not divide it correctly.
The basis of the Islamic inheritance law is in Surah An-Nisa verses 11, 12 and 176. Certain people have rights over what you left at your death and you and other people have nothing to say about it. It behooves every Muslim to know this and not rely on practice of the land.
يُوصِيكُمُ ٱللَّـهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَآءً فَوْقَ ٱثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَٰحِدَةً فَلَهَا ٱلنِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُۥ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُۥ وَلَدٌ وَوَرِثَهُۥٓ أَبَوَاهُ فَلِأُمِّهِ ٱلثُّلُثُ ۚ فَإِن كَانَ لَهُۥٓ إِخْوَةٌ فَلِأُمِّهِ ٱلسُّدُسُ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِى بِهَآ أَوْ دَيْنٍ ۗ ءَابَآؤُكُمْ وَأَبْنَآؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ ٱللَّـهِ ۗ إِنَّ ٱللَّـهَ كَانَ عَلِيمًا حَكِيمًا ﴿١١[Qur'an An-Nisa 4:11,12,176]
Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise. (11)
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَآ أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَـٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةً مِّنَ ٱللَّـهِ ۗ وَٱللَّـهُ عَلِيمٌ حَلِيمٌ ﴿١٢
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing. (12)
يَسْتَفْتُونَكَ قُلِ ٱللَّـهُ يُفْتِيكُمْ فِى ٱلْكَلَـٰلَةِ ۚ إِنِ ٱمْرُؤٌا۟ هَلَكَ لَيْسَ لَهُۥ وَلَدٌ وَلَهُۥٓ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَآ إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ فَإِن كَانَتَا ٱثْنَتَيْنِ فَلَهُمَا ٱلثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوٓا۟ إِخْوَةً رِّجَالًا وَنِسَآءً فَلِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ ۗ يُبَيِّنُ ٱللَّـهُ لَكُمْ أَن تَضِلُّوا۟ ۗ وَٱللَّـهُ بِكُلِّ شَىْءٍ عَلِيمٌۢ ﴿١٧٦
They request from you a [legal] ruling. Say, "Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things. (176)
May Allah guide us and protect us from greed and devouring other's inheritance. Ameen.
Please include us in your du'as. Jazakallahu khairan.
And Allah knows best.
Wassalaam
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