He swore his son would not take what his grandfather gave him, then he died, and the grandfather insisted on the bequest being carried out
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Fatwa number ( 17182 )
Q: We are two brothers, and since we have two sons who are our
two brothers' sons, and since our father gave our two sons two camels, one for each of them, and since we, their fathers, swore that our sons would not take these camels, and since my brother passed away and our father insisted that our sons take the camels, what is the ruling in this matter? Knowing that the deceased's son is young, seven years old, do we commit a sin or not, and if we do, who pays the expiation for the deceased? Please inform us, may Allah reward you.
A: If the sons take the two camels mentioned, the fathers break their oaths, and each of them owes an oath expiation, which is feeding ten poor people, or clothing them, or freeing a believing slave; if he finds none, he fasts for three days. However, if your brother died before he allowed his son to take the camel, he does not owe an oath expiation, because he died before allowing it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are two brothers, and since we have two sons who are our
two brothers' sons, and since our father gave our two sons two camels, one for each of them, and since we, their fathers, swore that our sons would not take these camels, and since my brother passed away and our father insisted that our sons take the camels, what is the ruling in this matter? Knowing that the deceased's son is young, seven years old, do we commit a sin or not, and if we do, who pays the expiation for the deceased? Please inform us, may Allah reward you.
A: If the sons take the two camels mentioned, the fathers break their oaths, and each of them owes an oath expiation, which is feeding ten poor people, or clothing them, or freeing a believing slave; if he finds none, he fasts for three days. However, if your brother died before he allowed his son to take the camel, he does not owe an oath expiation, because he died before allowing it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.