Question ID: 30924
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Assalaamu alaikum Dear Mufti,
My granny passed away in Oct 2007.In 2000 she asked one of her daughters to take her jewellery(whatever she owned at the time) to India on her next trip, to have earrings made and distributed to the “children” in the family, meaning two grand children(specified) and to the rest of the great grandchildren in the family. (The daughter and her husband being the only witnesses to this request). The daughter never ended up travelling to India & could not fullfill this wish (making of earings) but thought that instead of earrings it might be better to sell it all off, and buy kruger coins, which she did in 2006. In 2012, the daughter split up the kruger coins equally and wants to distribute it to all the great grand children equally according to her mothers’ wishes. Questions:
1. is this permissible; what are the implications for my deceased granny?
2. If it can be distributed as granny requested, should it be to those great grand children born before Oct 2007 only?
3. I presume zakaat is payable on it, if yes, how should that be calculated,current value, value at the time of sale, or value at the time request was made?
4. At the time of her death, her husband, son, and three daughters were left. (Husband passed away in 2011). If her belongings have to be divided up how would that take place and,
5. How should the husbands share be divided (since he also passed away).
6.Is it permissible for the daughter to earn something based on her effort (investment etc) even though she has not requested it?
7. kindly advise what all the different mazhaahib have to say on this matter for education purposes.
Apologies for the inconvenience this might cause.
Jazakumullah khairan
Wassalaam

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Asked on November 16, 2012 12:06 pm
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Private answer
1) Once granny died it should have gone to her estate. Thus what happened not correct.
2) Not correct
3) Zakaat on current value
4)?Son;3 Daughters;Husband
Son?gets?3/10
Daughters get?3/20?each
Husband?gets?1/4
5) No details - no answer
6) No if not pre agreed upon.
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Answered on November 16, 2012 12:06 pm