Message #17408

[Heba E. Husseyn]

Walaikum As-salam brother TS.   Well, generally yes, the standard will as determined by Allah Almighty is meant to be calculated - according to the figures given by Him - after deductions of bequests and payments of debts.  However, this particular case as you stated, is a bit out of the ordinary.  The elderly lady evidently wants her niece to be the prime inheritor.  The lady's brothers are apparently being given a sixth each of the asset because it's a Quranic injunction.

So, in my opinion, it can be approached in two ways. 

First, let her decide on the amount of bequest to her niece plus as you said, she already decided 5,000 to charity.  While making the bequest to her niece plus the 5,000 to charity, she would need to calculate so that at least one-sixth x 2 is left to be given to the brothers.   So, one-sixth of 100,000 would be 16,666 for each brother, that is, 33,333 for both.  So the total bequest must not exceed 66,667.  With 5,000 given to charity, the bequest for the niece would be approximately 61,667.   Right?

OR, alternatively, calculate one-sixth x 2 of 100,000 before bequest.  It would be 33,333.   Remaining would be 66,667.  It comes to the same.

This is how I figure it out.  Try to get a few other opinions too, in case there's some calculation oversight on my part.   Allah forgive.