Q: A person (Ziyaad) included the following provision in his will:
4.2. I confirm that the below is due by me in respect of my religious liabilities and obligations in accordance with the tenets of the Islamic faith as at the date of drafting this last will and testament, which amount (s) are to be paid by my executors after the payments in clause 4.1.1 and 4.1.2 (burial expenses and debts), which are to be paid to the Muslim Judicial Body as selected in terms of clause 7.1 and may not exceed one third of my estate. Such liabilities include the following:
4.2.1. Unperformed Salaah (prayers) R646 800
4.2.2. Unkept Saum (fasts) R1750
(end of quote)
I understand that in normal circumstances, the estate would need to bear the cost of the entire fidyah or 1/3 of the estate value if applicable.
However, in this case, the financial advisor has mentioned to me that in reality there are no outstanding salaah and in that instance no fidyah is due.
The financial advisor specifically said: “Please note as discussed, Ziyaad signed his will on 09 November 2023 and handed in on 10 November 2023. On 11 November he advised he needs to amend his will as NO unfulfilled religious obligations were outstanding. Being it Saturday, we were to amend it on the Monday the 13th. Unfortunately, on Sunday morning 12 November, he ran a race and passed out and never came to consciousness until he passed away on 23 November 2023. We, therefore, could not get to amend his Will.”
Will the kaffarah still be applicable regardless of the aforementioned? In other words, will the estate still be liable to pay out the fidyah amounts despite the claim of the financial advisor that says that the deceased said nothing is due from him and he wishes to amend his will to that effect? Or will this statement of his cancel the fidyah that was written in the will?
A: If before passing away, the person verbally changed his Islamic will and appointed witnesses over the amendment, then the previous Islamic will no longer applies.
And Allah Ta'ala (الله تعالى) knows best.
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