The issue of a husband, a sister, and children, and a bequest to an heir
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, a woman died leaving behind a husband. Yes.
The Shaykh:
I am the one who is being deducted from, you are done, meaning the issue has been reversed. It was supposed that you are not the ones being deducted from, and I am giving you examples now, but you have reversed them.
The questioner:
Shall we read it, Shaykh?
The Shaykh:
Yes.
The questioner:
A woman died leaving behind a husband, a sister, a son, and three daughters.
The Shaykh:
He says: Each of them will take their share. If the mother, husband, and sister are present, the husband gets one-fourth, and the sister, son, and three daughters: the daughters get two-thirds, the husband gets one-fourth, and whatever remains is for the sisters.
The questioner:
Yes, yes.
The Shaykh:
Meaning a male, a son means a male. The daughters must have a son. If he means that he died leaving behind a husband, a son, and three daughters, then this is clear: the husband gets one-fourth, and the rest goes to the son along with his sisters, the male getting the share of two females, and the sisters get nothing.
The questioner:
And if the sister is blocked from inheriting, does she take by the bequest? Because this woman bequeathed her wealth to her children and her sister, but she did not bequeath to her husband because he wronged her.
The Shaykh:
The bequest is according to what the testator specified; it is distributed to those the testator specified. But the heir has no bequest. The saying of the Messenger (peace and blessings be upon him)Mishkat al-Masabih 3074 if they are pleased, all of them approved it, but if they are not pleased, he has nothing.
The questioner:
Honorable Shaykh, may Allah reward you.
He says: Honorable Shaykh, may Allah grant you success, a woman died leaving behind a husband. Yes.
The Shaykh:
I am the one who is being deducted from, you are done, meaning the issue has been reversed. It was supposed that you are not the ones being deducted from, and I am giving you examples now, but you have reversed them.
The questioner:
Shall we read it, Shaykh?
The Shaykh:
Yes.
The questioner:
A woman died leaving behind a husband, a sister, a son, and three daughters.
The Shaykh:
He says: Each of them will take their share. If the mother, husband, and sister are present, the husband gets one-fourth, and the sister, son, and three daughters: the daughters get two-thirds, the husband gets one-fourth, and whatever remains is for the sisters.
The questioner:
Yes, yes.
The Shaykh:
Meaning a male, a son means a male. The daughters must have a son. If he means that he died leaving behind a husband, a son, and three daughters, then this is clear: the husband gets one-fourth, and the rest goes to the son along with his sisters, the male getting the share of two females, and the sisters get nothing.
The questioner:
And if the sister is blocked from inheriting, does she take by the bequest? Because this woman bequeathed her wealth to her children and her sister, but she did not bequeath to her husband because he wronged her.
The Shaykh:
The bequest is according to what the testator specified; it is distributed to those the testator specified. But the heir has no bequest. The saying of the Messenger (peace and blessings be upon him)
No legacy is to be left to an heir unless
لا وصية لوارث إلاThe questioner:
Honorable Shaykh, may Allah reward you.
Source
شرح زاد المستقنع [65] — alfawzan.live (1:07:42)
The Arabic text is a machine transcription of the audio recording.