The ruling on a father’s bequest to one of his sons to the exclusion of the others
Machine translationRead the Arabic original
Question:
The second question increases. Yes, a person, before his death, bequeathed that a piece of land he owned be given to one of his sons, and the man passed away. Is one of the sons given the land to the exclusion of the others?
Answer:
My brother, there is no bequest to an heir. The Messenger (peace and blessings be upon him) said: “There is no bequest to an heir.” However, if he gave it to him during his lifetime and the recipient took possession of it, it is his, and there is nothing wrong with that. But if he bequeathed that it be given after his death, the bequest is not valid as long as he is an heir. Yes.
The second question increases. Yes, a person, before his death, bequeathed that a piece of land he owned be given to one of his sons, and the man passed away. Is one of the sons given the land to the exclusion of the others?
Answer:
My brother, there is no bequest to an heir. The Messenger (peace and blessings be upon him) said: “There is no bequest to an heir.” However, if he gave it to him during his lifetime and the recipient took possession of it, it is his, and there is nothing wrong with that. But if he bequeathed that it be given after his death, the bequest is not valid as long as he is an heir. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3548] حكم وصية الأب لأحد أبنائه دون الباقين - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.