Bequest to an Heir
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Fatwa No. ( 20792 )
All praise is due to Allah alone, and peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable judge of the al-Burak Court, bearing number (71) and dated 11/1/1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (464) and dated 18/1/1420 AH. It was accompanied by a letter from his eminence containing the inquiry submitted by the citizen (S. S. H.), which reads as follows: " (N. M. A) has passed away, leaving behind heirs who are only (a wife and a daughter), and his agnatic brother. The deceased left an estate and specified twenty thousand to be given to the daughter, without clarifying what this amount was designated for regarding this daughter, and the remaining amount is for all the heirs. I request that the necessary steps be taken to clarify this issue: Is this bequest valid for the daughter or not? It also became clear from the letter of the honorable judge that the deceased (N. M. A) left forty thousand riyals in wealth, and bequeathed twenty thousand riyals to his married daughter, with the remainder to be divided among the heirs, who are: a daughter, a wife, and an agnatic brother. It was not clarified in the bequest whether it was in exchange for something he had previously taken from his daughter, or out of compassion for her.
After studying the inquiry, the Committee responded that if the facts are as stated and it is not established that the bequest issued by the father was in exchange for a debt or loan that the father took from his daughter, then the bequest of this wealth to his daughter after his death is invalid; and what indicates this is what was narrated by the five except al-Nasa'i from Abu Amina (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) , and al-Tirmidhi said in it: A good, authentic hadith. Accordingly, all that the deceased left is the right of the heirs and is to be divided among them; the wife receives one-eighth, which amounts to five thousand from the aforementioned estate, the daughter receives one-half, which amounts to twenty thousand riyals, and the remainder goes to the agnatic brother’s son, which amounts to fifteen thousand riyals. However, if the heirs approve and they are all of sound mind, there is no harm in that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
All praise is due to Allah alone, and peace and blessings be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable judge of the al-Burak Court, bearing number (71) and dated 11/1/1420 AH, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (464) and dated 18/1/1420 AH. It was accompanied by a letter from his eminence containing the inquiry submitted by the citizen (S. S. H.), which reads as follows: " (N. M. A) has passed away, leaving behind heirs who are only (a wife and a daughter), and his agnatic brother. The deceased left an estate and specified twenty thousand to be given to the daughter, without clarifying what this amount was designated for regarding this daughter, and the remaining amount is for all the heirs. I request that the necessary steps be taken to clarify this issue: Is this bequest valid for the daughter or not? It also became clear from the letter of the honorable judge that the deceased (N. M. A) left forty thousand riyals in wealth, and bequeathed twenty thousand riyals to his married daughter, with the remainder to be divided among the heirs, who are: a daughter, a wife, and an agnatic brother. It was not clarified in the bequest whether it was in exchange for something he had previously taken from his daughter, or out of compassion for her.
After studying the inquiry, the Committee responded that if the facts are as stated and it is not established that the bequest issued by the father was in exchange for a debt or loan that the father took from his daughter, then the bequest of this wealth to his daughter after his death is invalid; and what indicates this is what was narrated by the five except al-Nasa'i from Abu Amina (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace and blessings be upon him) say:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله أعطى كل ذي حق حقه فلا وصية لوارث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.