He said: I vowed to Allah the Exalted to transfer all the wealth under my ownership, or some of it, to the ownership of one of my sons.
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Fatwa number ( 19303 )
Q: Given what many Muslims among us have adopted, whereby they take refuge in the ruling of vows to give their wealth or a portion of it to one of their sons or to their wife, with the intention of forbidding some of the other heirs from their estate, using expressions such as: So-and-so says, "I have vowed to Allah the Exalted to transfer all the wealth under my ownership, or some of it, to the ownership of one of my sons or to my wife, before my death, three or five days before the illness of death." What is your opinion regarding this vow? Is it valid or invalid in the view of
the Shari'ah?
A: It is not permissible for a person to vow to transfer all his wealth to one of his sons or to one of his wives with the intention of depriving the others of inheritance. It is also not permissible to fulfill this vow, due to the hadith of 'A'ishah (may Allah be pleased with her):Sunan Ibn Majah 2126Sahih (Darussalam) narrated by the group except Muslim . And upon the one who does this is the expiation of an oath; for what 'A'ishah (may Allah be pleased with her) narrated: Sunan Ibn Majah 2125Sahih (Darussalam) narrated by Imam Ahmad and the compilers of the four Sunan. And the Prophet (peace and blessings be upon him) forbade a man to give something to some of his children to the exclusion of
the others, as in the hadith narrated by the two Shaykhs: al-Bukhari and Muslim, from al-Nu'man ibn Bashir (may Allah be pleased with him), who said:Sahih Muslim 1623e , he said: So my father returned and gave back that charity. And due to the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Given what many Muslims among us have adopted, whereby they take refuge in the ruling of vows to give their wealth or a portion of it to one of their sons or to their wife, with the intention of forbidding some of the other heirs from their estate, using expressions such as: So-and-so says, "I have vowed to Allah the Exalted to transfer all the wealth under my ownership, or some of it, to the ownership of one of my sons or to my wife, before my death, three or five days before the illness of death." What is your opinion regarding this vow? Is it valid or invalid in the view of
the Shari'ah?
A: It is not permissible for a person to vow to transfer all his wealth to one of his sons or to one of his wives with the intention of depriving the others of inheritance. It is also not permissible to fulfill this vow, due to the hadith of 'A'ishah (may Allah be pleased with her):
Whoever vows to obey Allah, let him obey Him, and whoever vows to disobey Allah, let him not disobey Him.
من نذر أن يطيع الله فليطعه، ومن نذر أن يعصي الله فلا يعصهThere is no vow to commit disobedience, and the expiation (for such a vow) is the expiation for breaking an oath.
لا نذر في معصية، وكفارته كفارة يمينthe others, as in the hadith narrated by the two Shaykhs: al-Bukhari and Muslim, from al-Nu'man ibn Bashir (may Allah be pleased with him), who said:
My father donated to me some of his property. My mother Amra bint Rawaha said: I shall not be pleased (with this act) until you make Allah's Messenger (ﷺ) a witness to it. My father went to Allah's Apostle (ﷺ) in order to make him the witness of the donation given to me. Allah's Messenger (ﷺ) said to him: Have you done the same with every son of yours? He said: No. Thereupon he (the Holy Prophet) said: Fear Allah, and observe equity in case of your children.
تصدق عليّ أبي ببعض ماله، فقالت أمي: لا أرضى حتى تشهد رسول الله صلى الله عليه وسلم فانطلق أبي إلى الرسول صلى الله عليه وسلم ليشهده على صدقتي، فقال له رسول الله صلى الله عليه وسلم: أفعلت هذا بولدك كلهم؟ قال: لا، قال: اتقوا الله واعدلوا بين أولادكمAllah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد 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.