After Any Bequest or Debt — Bequest and Debt Before Inheritance
fiqh
Level: intermediate
inheritance
fqh-043
مِنۢ بَعۡدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوۡ دَيۡنٍ
— النساء 12
Verse: "After any bequest you make or debt." (4:12)
Fiqh order of the estate: Funeral and burial expenses → debts → bequest (within third) → inheritance.
Debt before bequest: The verse repeats "after bequest... or debt" in every section. Mention order doesn't mean application order — debt precedes bequest in legal application.
Wisdom: Bequest is voluntary; debt is obligatory — what is obligated takes precedence over what is voluntary.
Source: Al-Qurtubi (5/55); Ibn Qudama (6/409); Ibn Al-Arabi
Question: What is the order of rights to be discharged from the estate before distributing inheritance?
Answer: (1) Funeral and burial costs (2) Debts (3) Bequest within one-third (4) Inheritance to heirs.