ABATEMENT OF LEGACIES

BEQUESTS FOR PIOUS PURPOSES

BY ZARTASHA IQBAL
Abatement of Legacies

 Section 119
 If the bequests exceed the legal
third, and the heirs refuse their
consent, the bequests abate ratebly.
Bequests for pious purposes

 Bequests for pious purposes:

Bequests for pious purposes fall under
three classes according to the purpose
for which they are made, namely:-
1. Bequests for Faraiz
2. Bequests for Wajibat
3. Bequests for nawafil
Bequests for Faraiz

 Bequests for faraiz, that is, purposes

expressly ordaind in the Holy Quran,
namely,
 (i) Haj (Pilgrimage)
 (ii) Zakat
 (iii)
Expiation (for prayers missed by a
Muslim)
Bequests for Wajibat

 Bequestsfor Wajibat, that is,

purposes not expressly ordaind, but
which are in themselves necessary
and proper, namely:-
Sadaka fitrat (charity given on the day
of breaking fast), and sacrifices.
Bequests for nawafil

 Bequests for nawafil, that is, bequests

of a purely voluntary nature, e.g.
1. bequests to the poor or
2. for building a mosque,
3. or a bridge,
4. or an inn for travelers.
Bequests for pious purposes

 Ofthese three classes bequests of

the first class take precedence over
bequests of the second and the third
class, and bequests of the second
class take precedence over
bequests of the third class.
Bequests for pious purposes

 Inclass (1) again, a bequest for haj must

be paid before a bequest for zakat and

A bequest for zakat must be paid before

a bequest by way of expiation