Making a bequest for an heir

Q: A mother who has a son and a daughter has made her jewellery into two parcels and put the name of the daughter on one parcel and the name of the son on one parcel. Without the knowledge of the son, she gave the daughter to keep both parcels in her safe and said when she passes away she doesn't want fighting, therefore she has done this. What is the law regarding this jewellery presently and what are the repercussions at the time of the mother's death. The father is alive presently.

A: This type of an arrangement is not right. Whatever she has left behind will go into her estate and will thereafter be divided according to the stipulated shares of the shari'ah.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)