Making wasiyyat for one's jewellery to be donated to a musjid

Q: An old lady died. Before her death she said that all her gold ornaments should be given to a mosque. She has one elder and one younger brother. She used to take care of them. Now her brother and sister is financially suffering. The sister is a widow and 85 years old with no child and the brother is 70 years old with 3 daughters. Can her brother and sister take some amount of the jewellery for their living and medical expenses. How much can they take?

A: If the only assets she left behind was the jewellery then only one-third of the jewellery will go to the musjid. The rest will be distributed among her heirs.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)