Also, he asks, saying: Why did Islam prohibit a bequest to an heir?
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The questioner : Also, he asks, saying: Why did Islam prohibit a bequest to an heir?
The Shaykh : Islam prohibited a bequest to an heir because it is a transgression of the limits of Allah (Mighty and Majestic). Indeed, Allah the Exalted has determined the shares of inheritance with limits, saying:[An-Nisa 4:13-14] So, if a man has, for example, a daughter and a full sister.
The questioner : Yes.
The Shaykh : It is well known that the daughter takes half as an obligatory share, and the full sister takes the remainder as a residuary heir. If he were to bequeath, for example, one-third of his wealth to the daughter in such a case, it would mean that the daughter takes two-thirds and the sister takes only one-third. This is a transgression of the limits of Allah. Likewise, if he has two sons, it is well known that the wealth is divided between them in halves. If he were to bequeath one-third to one of them, for example, the wealth would be divided into thirds between them. This is a transgression of the limits of Allah. Therefore, it is forbidden, because if it were permitted, the determination of inheritance shares would have no benefit. People would manipulate things, and each person would bequeath to whomever he wished, thereby increasing his share of the estate, and he would deprive whomever he wished, thereby decreasing his share.
The questioner : Yes.
The Shaykh : Yes.
The questioner : The heir only takes his share according to the legal division of inheritance, without a bequest.
The Shaykh : Islam prohibited a bequest to an heir because it is a transgression of the limits of Allah (Mighty and Majestic). Indeed, Allah the Exalted has determined the shares of inheritance with limits, saying:
(13) These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. (14) And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ * وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌThe questioner : Yes.
The Shaykh : It is well known that the daughter takes half as an obligatory share, and the full sister takes the remainder as a residuary heir. If he were to bequeath, for example, one-third of his wealth to the daughter in such a case, it would mean that the daughter takes two-thirds and the sister takes only one-third. This is a transgression of the limits of Allah. Likewise, if he has two sons, it is well known that the wealth is divided between them in halves. If he were to bequeath one-third to one of them, for example, the wealth would be divided into thirds between them. This is a transgression of the limits of Allah. Therefore, it is forbidden, because if it were permitted, the determination of inheritance shares would have no benefit. People would manipulate things, and each person would bequeath to whomever he wished, thereby increasing his share of the estate, and he would deprive whomever he wished, thereby decreasing his share.
The questioner : Yes.
The Shaykh : Yes.
The questioner : The heir only takes his share according to the legal division of inheritance, without a bequest.