When should the assets of the deceased be distributed?

Answer

The distribution of the assets should begin as soon as possible, preferably immediately after the burial of the mayyit. No time should be wasted in this obligation. It is a sin to unnecessarily delay. If the marhoom had not issued proper instructions regarding the expeditious winding up of his estate in terms of the Shariah, then he too is sinful.

Mourning of the family is not a valid excuse for delaying the distribution of the assets. Despite „mourning‟, they eat food, attend to their business affairs and carry on with life in other spheres, but to justify gross and haraam delay in winding up the estate, they find a plethora of drivel, invalid excuses. Most people do not even understand the notoriety of misappropriation of the mayyit‟s assets.

The first thing to be done after burial of the deceased, is to settle the issue of edibles in the fridge, etc. It is haraam for the heirs or anyone else to consume the food which now belongs to all the heirs. Immediately after burial, the heirs should arrange to dispose of this item of inheritance. A simple way is for one or more of the heirs to purchase all the food items and deposit the money in the trust account. After purchasing the food, the purchaser may dispose of it as he/she deems fit.

The next item on the list for immediate distribution is the household furniture, appliances and the like. If this distribution is not executed forthwith, those residing in the house will make haraam use of the items in which all the heirs have shares. Then the vehicles of the marhoom must be distributed. It is haraam for an heir who had possession of the vehicle during the life-time of his deceased father, to continue using the vehicle after his father‟s death. An arrangement must be made. Either he buys the vehicle or leases it from all the heirs.

The consequence of failing to distribute the assets correctly or to misappropriate any item of the estate is the Fire of Jahannam.

THE MAJLIS Q & A P.O. BOX 3393

PORT ELIZABETH SOUTH AFRICA 6056

while the Imaam was about to rise from Ruku‟. I said Takbeer and went straight into Ruku‟ while the Imaam was coming out of Ruku‟. Was my Salaat valid?

A. The masbooq (latecomer) described by you has missed the raka‟t. He was supposed to fill in the raka‟t after the Imaam completed the Salaat. The procedure for the masbooq is as follows:

He first has to recite Takbeer Tahrimah, then he has to stand (be in Qiyaam) for the duration of one Tasbeeh. If then he links up with the Imaam in Ruku‟, his raka‟t is valid. However, if while he proceeds to Ruku‟, the Imaam begins to rise, then the raka‟t is lost.