The bequest to the deceased son's son of what exceeds one-third
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man died after bequeathing one-fifth of his wealth to his deceased son's son. When the shares were calculated, the bequest's share exceeded one-third. Is the bequest valid for the amount that exceeds one-third?
Answer:
No. Because the deceased's son's son is not an heir, it is valid to bequeath to a non-heir, but only up to the limit of one-third or less.
He says: Honorable Shaykh, may Allah grant you success. A man died after bequeathing one-fifth of his wealth to his deceased son's son. When the shares were calculated, the bequest's share exceeded one-third. Is the bequest valid for the amount that exceeds one-third?
Answer:
No. Because the deceased's son's son is not an heir, it is valid to bequeath to a non-heir, but only up to the limit of one-third or less.
Source
شرح زاد المستقنع [63] — alfawzan.live (59:46)
The Arabic text is a machine transcription of the audio recording.