Can a Childless Couple Donate All Their Property to a Trust?

Understanding Islamic Inheritance Laws: Bequeathing Property to a Trust

Question: Can a childless couple give all their property to a trust during their lifetime?

Answer: If a person has no children but has other heirs, they cannot donate all their property to a trust or bequeath it all. They can only bequeath or donate up to one-third of their wealth. This rule is clear. However, if someone has no heirs, there is a difference of opinion. Some scholars say they can bequeath all their property, while others say they still cannot bequeath more than one-third, as the Hadith states that one can only bequeath up to one-third of their wealth, regardless of whether they have children.

Respondent: Sheikh Maqbool Ahmed Salafi Hafizahullah 

Jeddah Dawah Center, Saudi Arabia  

Interpreter: Hasan Fuzail

Author: IslamicHelper

IslamicHelper

Recent Articles

Imam Ahmad on Buffalo Sacrifice: Did He Claim Ijma?

Imam Ahmad (rahimahullah) said, “I do not know of any disagreement” regarding a buffalo sufficing for seven people. Some use… Read More

2 weeks ago

Buffalo Sacrifice in Islam: The Ruling

A detailed analysis of the Islamic ruling on buffalo sacrifice. Explore historical texts and the methodology of the Salaf to… Read More

2 weeks ago

No Ijma on Buffalo Sacrifice: Zakat Context Exposed

Is there true scholarly consensus (Ijma) on buffalo sacrifice? This detailed analysis reveals that all claimed Ijma references actually pertain… Read More

2 weeks ago

Is Music Haram in Islam? Duff, Naats & Qawwalis Ruling

Every type of music is Haram in Islam according to the majority of scholars. However, women are allowed to lightly… Read More

3 weeks ago

Wages for Breastfeeding in Islam: The Shari’ah Reality

Clarifying the Islamic ruling on whether a mother can legally demand financial compensation from her husband for breastfeeding their child… Read More

3 weeks ago

Should Husbands Do Housework in Islam?

A detailed look into authentic Hadiths to clarify the Prophet Muhammad's (PBUH) Sunnah regarding a husband's role and responsibilities when… Read More

3 weeks ago