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noodles
05-23-2007, 06:10 PM
:sl:

Is is allowable for me to write a letter of some sort in the case that I die?

I ask this because there are some things that I must do later on in the future (ie. settle debts, promises that I made etc etc). Is it proper of me to write these down in a letter and store it in a place of safe keeping?

I know that Allah alone knows when we will die and that we cannot do anything to prevent it, but there are somethings that I don't feel comfortable talking about to some people and thus it would be better if they do know that these thoughts existed in me at a point in time.

Anyway, answers would be appreciated. :)

:w:
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Kittygyal
05-23-2007, 07:17 PM
Salamualikum.
From my point of veiw best to ask a scholar inshallah.
But i would say from my own knowledge it is okay because that will be a memory for all whom will be alive when you leave your soul behind. Inshallah hope there all good things because remember maybe no one know what there about but allah subhwnatallah does know inshallah. Once again it's all about intention and pure intentions i mean.

Many christains keep a memory of them self as i have a memory of my Mom which is her own diary. She has loads of information there which i never was aware of. Everything new to me, but i still grasp the love of my Mom by placing that diary against my heart, which still tells me my Mom is around me.
As a muslim i know few people who's loved ones have left there soul behind and they have pictures of them in the house kept safe and even clothes of them. So am sure it's okay for you to write your little diary and keep it safe, It will be a rememberance of you when others be in the house or where ever your location is inshallah.

Hope i am on the right track and not waffling away. Please forgive me if i am inshallah as a beloved sister in Islam.

Hope we meet together in Janah inshallah

Ma'assalama
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Snowflake
05-23-2007, 11:06 PM
Salam,

Briefly, yes you can write a will. But it has to be witnessed by two people who can later testify that you did indeed write this will and were in sound mind when you did so. (Witnesses cannot be people who are entitled to inherit).

You can also make it clear that you want your debts to be paid of first -before division of remaining assets/property (if any) amongst relatives.


This was just a v. brief reply. Please say if you need more info inshaAllah.
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IbnAbdulHakim
05-23-2007, 11:31 PM
yes bro inshaAllah its permissable :) Alhamdulillah
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noodles
05-24-2007, 12:30 AM
Originally Posted by Muslimah_Sis
Salam,

Briefly, yes you can write a will. But it has to be witnessed by two people who can later testify that you did indeed write this will and were in sound mind when you did so. (Witnesses cannot be people who are entitled to inherit).

You can also make it clear that you want your debts to be paid of first -before division of remaining assets/property (if any) amongst relatives.


This was just a v. brief reply. Please say if you need more info inshaAllah.
I'm writing down the amounts of monies I owe to certain people in a booklet. So does this mean that this booklet must be shown to a third party? Or can it be just told to them that "I have a booklet in so and so place and I was of a sane mind when writing it"?

And you said "witnesses cannot be people who are entitled to inherit" does this mean that if I owe a certain amount to my sister, she cannot be the one to witness that I wrote the will?

Another question.

Assuming that my debts are more that what I have saved, does it become my family's burden to pay the debts? (Inshallah I hope this doesn't happen to anyone)

Umm if it won't cause you any inconveniance, I'd like to know more about this topic.
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HBot 5000
05-24-2007, 07:59 AM
:sl:


Noodles the link here will give you access to a whole host of fatwa with regards to wills:

http://www.islamqa.com/index.php?cre...list=15&ln=eng

Just a sample fatwa:

If a man dies and leaves behind a father and children, how is the estate divided?

Question:
If I work and acquire capital, then Allaah causes me to die when my father is still living, does my estate go to my father or to my children?.


Answer:
Praise be to Allaah.

If a man dies and he has a father who is still living and male children, or male and female children, then the father gets one-sixth of the estate, the wife gets one-eighth if he has a wife, then the rest is given to the children, with each male getting the share of two females.

But if the children are females only, one daughter or more, then the wife takes one-eighth, if there is a wife then the daughter or daughters take what Allaah has allocated to them: half for one daughter, and two-thirds for two or more daughters. Then in addition to the one-sixth, the father takes whatever is left of the estate after the wife and daughters take their shares.

This is indicated by the words of Allaah (interpretation of the meaning):

“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children”

[al-Nisa’ 4:11]

Ibn Qudaamah (may Allaah have mercy on him) said:

There are three scenarios with regard to inheritance for the father:

1 – He inherits a stipulated share, if there is a son or grandson. He gets no more than one-sixth and the rest goes to the son and those who are with him. We do not know of any difference of scholarly opinion concerning this. That is because Allaah says (interpretation of the meaning):

“For parents, a sixth share of inheritance to each if the deceased left children”

[al-Nisa’ 4:11]

2 – The father inherits by virtue of kinship on the male side only. This applies if there is no child (child includes both male and female). In this case he takes the wealth if he is the only heir. If there is another heir who is entitled to a stipulated share, such as a wife, mother or grandmother, then those who are entitled to stipulated shares are given their shares, and the rest of the wealth goes to him, because Allaah says (interpretation of the meaning):

“if no children, and the parents are the (only) heirs, the mother has a third”

[al-Nisa’ 4:11]

So the inheritance is given to both parents, then the mother is allocated one-third, therefore the rest is for the father.

3 – Where both the stipulated share and the kinship on the male side are combined. This is when there are female children, or a son of his son (i.e., along with the daughter or daughter of his son). In this case, the father gets one-sixth, because Allaah says (interpretation of the meaning):

“a sixth share of inheritance to each if the deceased left children”

[al-Nisa’ 4:11]

The father gets one-sixth if there is a daughter, according to scholarly consensus, then he takes whatever is left by virtue of kinship on the male side, because of the report narrated by Ibn Abbaas who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Give the shares of inheritance to those who are entitled to them, and whatever is left is for the closest male relatives.” Agreed upon.

The father is the closest male relative after a son and grandson, and the scholars are agreed upon all of this. There is no difference of opinion concerning it as far as we know, praise be to Allaah. End quote from al-Mughni (6/169).

And Allaah knows best.

Islam Q&A

http://www.islamqa.com/index.php?ref=83065&ln=eng

:thumbs_up

:w:
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Snowflake
05-24-2007, 09:53 AM
[QUOTE]
Originally Posted by noodles
I'm writing down the amounts of monies I owe to certain people in a booklet. So does this mean that this booklet must be shown to a third party? Or can it be just told to them that "I have a booklet in so and so place and I was of a sane mind when writing it"?
Yes bro, whatever you write and want to be carried out after your death, must be witnessed and signed by two people. Saying it verbally might cause dispute later. Even in life, unwritten/witnessed things can cause dispute, then imagine if you're not around to clarify what you stated? In fact, Allah ta'ala, in the Quran has ordered us to write down any kind of transactions i.e. borrowing and lending of money. So you can see how important is it if making a will. The following ayah refer to debt.


QURAN, 2:282:
O Beleivers, when you contract a debt for a fixed term,
you should put it in writing....

.....And let two men from among you bear witness to all
such documents. But if two men are not available,
there should be one man and two women to bear
witness so that if one of the women forgets (anything),
the other may remind her ......


And you said "witnesses cannot be people who are entitled to inherit" does this mean that if I owe a certain amount to my sister, she cannot be the one to witness that I wrote the will?
Correct! A witness is someone who has seen/heard such and such about so and so. Also if an inheritor disputes the will saying you owed more than stated, they cannot prove it unless they can provide two witnesses. Witness can also testify that no coercion/threat was involved in making your will.




Another question.

Assuming that my debts are more that what I have saved, does it become my family's burden to pay the debts? (Inshallah I hope this doesn't happen to anyone)
InshaAllah ta'ala. You can recite these ayahs of the Quran with regard to your debts brother.




Ayah al-Mulk (Surah Ali-’Imran: 26-27)

It is narrated that the Holy Prophet (S) once advised one of his companions, who was in debt, to recite this ayah after every prayer and then supplicate to Allah (S.w.T.) for the repayment of his debts saying that even if the debts are equal to the entire land on Earth, they will be repaid.

Back to your question. I'm sorry I can't find a specific answer to your question. But under the misc. rulings of debts of the deceased, I found this ruling. I will keep searching, but hopefully other brothers & sisters may be able to give you the right answer.





2790. * If the deceased is indebted, and if his debt is equal to his estate or more, the four things which belong to the eldest son, as mentioned in the preceding rule, should be given by him for the settlement of the debt, or he should pay equal value from his own wealth. And if the debt is less than the estate, and if the debt cannot be set off by what remains of the estate after setting apart the four things for the eldest son, the eldest son should give those four things, or from his own wealth to set off the debt of the deceased. And if the balance is adequate to clear the debt fully, even then the eldest son should participate, as an obligatory precaution, to clear the debt as explained above. For example, if the entire estate of the deceased is US $60, and the articles given to the eldest son are worth $20, and the deceased has a debt worth $30, the eldest son will proportionally pay $10 from the four things he received from the deceased.




Umm if it won't cause you any inconveniance, I'd like to know more about this topic.
The rulings of inheritence and wills are v. complex and v. long bro. It would be easier if you asked specific questions inshaAllah - unless you want me to post pages and pages of Islamic Jurisprudence on the topic?
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noodles
05-24-2007, 03:48 PM
Jazakallah Sis and Hbot. I really appreciate it.

And Muslimah_Sis, just one more question, what of the promises we keep? (eg. If a person promises his sister to take her to hajj someday, however, he passes away, is he still obligated to fulfill his promise?

If yes

1) can I ask someone on my behalf to take her to hajj?
2) To fulfill my promise, can I give something of equivalent value to her?


And Jazakallah once again :)

One last question, has anyone written their wills yet?
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Kittygyal
05-24-2007, 03:53 PM
Salamualikum.
^ Not written them but i have got a rough idea which is between me and allah subhnwatallah inshallah. My intentions that count.
ma'assalama
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Pk_#2
05-24-2007, 03:53 PM
AsalamuAlaykum Warahmatullahi Wabarakatuh Wa Maghfiratuh,

Sayyiduna Abd Allah ibn Umar (Allah be pleased with them both) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “It is not befitting for a Muslim who has something to make a will of, to stay for two nights without having his last will and testament written and kept ready with him.” (Sahih al-Bukhari, no. 2587)

Therefore, normally when making a will, one would stipulate the following:

1) Payment of funeral and burial expenses,

2) Payment of all debts,

3) Payment of any bequest (wasiyya) from one third of one’s wealth, including any religious liabilities, such as unpaid Zakat, fidya, etc.

4) Distribution of the remaining assets and wealth in accordance with Sunni Islamic law among the inheritors, in consultation with a qualified scholar or Mufti.

Allah knows best!

Also check this out : http://muttaqun.com/samplewill.html
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Snowflake
05-25-2007, 05:58 PM
Originally Posted by noodles
Jazakallah Sis and Hbot. I really appreciate it.

And Muslimah_Sis, just one more question, what of the promises we keep? (eg. If a person promises his sister to take her to hajj someday, however, he passes away, is he still obligated to fulfill his promise?

If yes

1) can I ask someone on my behalf to take her to hajj?
2) To fulfill my promise, can I give something of equivalent value to her?


And Jazakallah once again :)

One last question, has anyone written their wills yet?
Wa iyya kum bro,

About keeping promises, Allah says about the importance of keeping a promise, as Prophet Ishmael did:

"And make mention in the Scripture of Ishmael. Lo! He was a keeper of his promise, and he was a messenger (of Allah) and a prophet," (19:54).


A promise of a believer is a big responsibility and will be questioned on the Day of Judgment. The Qur'an orders Muslims to keep their promises, whether economic, social, and the like.

Allah says: "0 you believer! Fulfil your undertakings... (5:1). Elsewhere the Qur'an says: "Successful are indeed the believers." and "And who pay heed to their prayers," (23:1 & 9). The Qur'an also says: and keep the covenant. Lo! of the covenant it wilt be asked,(17:34).


Since it's such a big responsibility, I advise you to think carefully about making a promise and then think some more. My own advice would be to exercise caution when making a promise. So instead of saying, "I will def do this and this." It's better to say, "InshaAllah, if I am able in my life time, I will take you to perform Hajj." etc etc..

That way you are not binding yourself but leaving it to Allah's will and your circumstances to fulfil that promise. You will also not feel burdened by not fulfilling that promise should you know that death is near. However, more to the point, if one cannot fulfil a promise due to forgetfulness, a valid reason i.e. illness, threat or death then there is no blame inshaAllah.


Allaah burdens not a person beyond his scope. [al-Baqarah 2:286] And Allaah knows best.

As for asking someone to take your sister for Hajj on your behalf. As long as the person is a mahram, I don't see anything wrong with that inshaAllah. It's a request for a good deed mashaAllah. And as far as I know is permissable.


Although, I haven't found anything concerning a third party, I do know that if someone performs Hajj on behalf of another, they must be paid the cost of the journey and back. Therefore, I would gather that the person you request to take your sister would have to be paid travel costs? I apologize for not being able to find evidence for all my answers, but it sounds like common sense.


About giving something in equivalent of an unfulfilled promise.. Again I'm sorry, I couldn't find any answers. But I would say that as there is no sin on the person who cannot fulfill his promise due to the reasons I've given above, I think it's a matter of choice and goodwill. It's not obligatory if you genuinely couldn't fulfil your promise. But I don't see anything wrong if you offer something else for not fulfilling your promise from your own happiness.


P.S. I haven't wrote a will yet.
P.P.S. Please correct me if I've unknowingly misinformed bro Noodles peeps.
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