Priority of expenditure when a testator designates a third for the poor and has destitute relatives who are not legal heirs.

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person bequeaths one-third of their wealth to the poor, and they have destitute relatives who do not inherit and were not specifically mentioned in the bequest, the expenditure must begin with these relatives, as they are more deserving. Furthermore, if a non-Muslim testator bequeaths their third to the Muslim poor, their poor Muslim relatives are to be given preference, up to a limit of fifty dirhams for each relative, as this amount is considered sufficient to alleviate poverty.