Does a Deathbed Vow to Allocate Wealth Take Effect in Islam?

Answered by Mawlana Ilyas Patel

Question

If a person, during their death illness, vows to allocate a share of their house and wealth to some heirs, does this vow take effect, or is the permission of other heirs required? What is the Hanafi opinion on this issue?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

A vow, in the context you have mentioned, appears to indicate a firm intention by the person suffering from terminal illness. However, this vow does not take effect as a legal commitment; it simply represents their strong desire and does not constitute a gift to the specified heirs. Nonetheless, if all the heirs agree after the person’s demise, it would be permissible to honor the vow. If there is no agreement among the heirs, the estate must be distributed according to the shares specified in the Quran.

Gift-giving (hiba) is a means of transfer of ownership, and it is complete when possession is transferred. [Maydani, al-Lubab Fi Sharh al-Kitab]

May Allah Most High guide us to what pleases Him, forgive us for our shortcomings, and alleviate our difficulties, Amin.

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.