The Ruling on the Obligatory Bequest for the Sons of a Deceased Son
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Question:
In some personal status laws, there is something called the obligatory bequest, which is for the sons of the eldest son who died before his father. What is the ruling on this bequest from the perspective of Islamic law, even if it is practiced as a legal provision in some Muslim countries?
Answer:
According to the majority, this is not valid. The obligatory bequest is to bequest to the excluded children of one’s son. We do not say it is obligatory; we say it is recommended. As for it being obligatory, no. As mentioned to you before, a bequest is recommended, not obligatory, as long as they are excluded. So he is not required to bequest to them, but if he does bequest to them, it is valid because they are not heirs. Yes.
The presenter:
May Allah reward you, Your Eminence the Shaykh!
In some personal status laws, there is something called the obligatory bequest, which is for the sons of the eldest son who died before his father. What is the ruling on this bequest from the perspective of Islamic law, even if it is practiced as a legal provision in some Muslim countries?
Answer:
According to the majority, this is not valid. The obligatory bequest is to bequest to the excluded children of one’s son. We do not say it is obligatory; we say it is recommended. As for it being obligatory, no. As mentioned to you before, a bequest is recommended, not obligatory, as long as they are excluded. So he is not required to bequest to them, but if he does bequest to them, it is valid because they are not heirs. Yes.
The presenter:
May Allah reward you, Your Eminence the Shaykh!
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/103 شرح زاد المستقنع/ صالح الفوزان — youtube.com (0:55)
The Arabic text is a machine transcription of the audio recording.