🌍 Children, inheritance & global · #64

May the cost of a tahlil feast for the deceased be taken from the estate before it is divided?

Reasonable funeral costs may be taken from the deceased's property; but later feasts are not obligatory and may not be taken from the estate without the adult heirs' agreement, especially if some heirs are minors.
The order for dealing with the deceased's property is funeral costs, debts, the bequest (up to one third) and then faraid (an-Nisa' 4:11–12). A memorial feast is a custom on which scholars hold different views, and it is not part of the funeral costs. Orphans' property may not be used for such purposes (an-Nisa' 4:10). If the family wishes to hold a prayer gathering, use family members' own money or contributions, and keep it modest. Charity for the deceased is better given to those in need. See the order of settling the deceased's affairs.

Sources

Surah an-Nisa' 4:11Surah an-Nisa' 4:12Surah an-Nisa' 4:10

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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