The bequest excluding the children of daughters from the endowment
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man makes a bequest for his sons and the sons of his sons, and explicitly excludes the children of his daughters, is his bequest carried out in that case? And does he commit a sin?
Answer:
However, according to the correct view, it is not carried out; rather, the children of the daughters are included because they are among his children and his descendants. If he excludes them, this is a transgression. This matter is referred to the judges, as disputed issues are referred to the judges, for the judge’s ruling satisfies the oath.
He says: Honorable Shaykh, may Allah grant you success. If a man makes a bequest for his sons and the sons of his sons, and explicitly excludes the children of his daughters, is his bequest carried out in that case? And does he commit a sin?
Answer:
However, according to the correct view, it is not carried out; rather, the children of the daughters are included because they are among his children and his descendants. If he excludes them, this is a transgression. This matter is referred to the judges, as disputed issues are referred to the judges, for the judge’s ruling satisfies the oath.
Source
شرح زاد المستقنع [61] — alfawzan.live (1:01:44)
The Arabic text is a machine transcription of the audio recording.