Bequeathing Kruger coins to grandchildren who become Hafiz

Q. The deceased was survived by 5 grandchildren and left 5 Kruger coins for his grandchildren. He stated that if any of his 5 grandchildren become Hafiz after his demise, then each one must be given 1 Kruger coin. Is this valid?

A. In the enquired case, a bequest (Wasiyyah) by the deceased grandfather in favour of his grandchildren is valid as long as they do not qualify as heirs at the time of his demise and the value of the coins does not exceed one-third of the estate value.

Accordingly, if the deceased grandfather made a bequest that a Kruger coin must be given to any of his surviving 5 grandchildren if they become Hafiz after his demise, the executors have a duty to ensure that the deceased’s bequest is fulfilled.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa