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Prohibitiveness Of Forgoing Share In Inheritance
It is not permissible for a person to forgo a share in inheritance to benefit his siblings. On ...
Giving Or Taking Stolen Property In Estate Division
It is impermissible to give or take stolen property in an estate division when one is certain that the property is stolen;...
Using Estate Before Division Among Heirs
Before dividing the estate among the heirs, it is impermissible to use any pa...
Permissible Deductible Expenses From Estate Before Division
Before calculating the market value of the entire estate, expenses are taken out obligatorily in the following order: 1) Burial: The material, labor and related (e.g. transportation) costs associated with preparing and burying the body should be taken from the deceased's estate; it is impermissible to use any of the deceased's estate to give charity (even if given with an intention to benefit the deceased) or to pay for funeral expenses unrelated to burial (e.g. feeding and accommodating mourners); 2) Zakat: Unpaid zakat should be paid from the deceased's estate, when it is known that the deceased did not pay for any year he was obligated to pay; zakat is not paid for the current year because at least an entire lunar year must pass over the property for zakat to be obligatory, and death before the passing of an entire year removes the obligation thereby; 3) Collateral: Property that currently serves as collateral for an existing transaction must be removed from the estate in order to maintain the contractual obligation to which it is attached; 4) Property: Any property that is not owned by the deceased, whether due to renting, borrowing, non-payment, or the like, should be taken from the deceased's estate; if the property is lost, damaged, stolen or diminished in a way to undermine its usefulness, it is paid for at its m...

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