Q: My six months old son passed away during his fifth surgery at the operation bed. I donated his medical equipment to the hospital and friends who were doctors to use them. But his clothes, feeders and cot, etc. are kept safe for future use. Do I need to distribute them in wirasat also? Is there wirasat of such children who pass away at an early age?
A: Yes. Everything that belonged to the child will form part of his estate and will have to be distributed between his heirs according to the stipulated shares of inheritance.
And Allah Ta'ala (الله تعالى) knows best.
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Answered by:
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)
Q: So now my question is who are the heirs and what about the things that we have already donated? Will it be included in 1/3 of the wealth that can be done sadqa? I am expecting again and two years have passed for the death of the child, I cannot afford the carry cot, bouncer and things like that again, so can I keep them for the coming child? Kindly clarify that who will be his heirs, he was our first son.
A: The both parents of the child will be the heirs of the child. The father will inherit two thirds and the mother will inherit one third of the child's estate. If the equipment that was donated to the hospital belonged to the child (i.e. it was purchased with the child's wealth or it was purchased for the child) then it will form part of the estate. If it was not purchased for the child then the parents will be the owners of the equipment. In the case where it belonged to the child, if both the parents had given the equipment to the hospital then since they are the heirs and therefore be entitled to receiving it in their share of the inheritance, they will not be held accountable and it will be treated as though they had given their wealth to the hospital. Though the correct procedure was that the wealth first be distributed among the heirs and thereafter each heir be allowed to deal in his share as he pleases.
And Allah Ta'ala (الله تعالى) knows best.
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