The bequest to the son’s children who are not heirs
Machine translationRead the Arabic original
The questioner:
I ask Allah for safety. My grandfather passed away, leaving behind four children: two sons and two daughters. He bequeathed a portion of his house to his son’s daughters, knowing that he also had other children. My grandfather passed away, leaving behind four children: two sons and two daughters, and he bequeathed a portion of his house to his son’s daughters, knowing that he had children. Is it permissible for us to carry out his bequest to his son’s daughters? And what is the ruling of Islam in this matter?
The Shaykh:
A bequest to a non-heir is permissible; a bequest to an heir is prohibited. As for a bequest to a non-heir among one’s grandchildren, who are not heirs, there is no harm. One may bequeath to non-heirs up to one-third or less. As for the heirs, one may not bequeath to them, whether a small amount or a large one. As for non-heirs, such as the maternal grandfather, the children of one’s daughters, the children of one’s siblings, or siblings who are not heirs—because he has children—he may bequeath whatever he wishes, up to one-third or less. However, if he has grandchildren, it is obligatory to be just among them. If he has grandchildren, he should not bequeath to some of them and not to others. Fear Allah and be just among your children. He should bequeath to all of them or call for all of them.
The questioner:
Even if he bequeaths to the heirs with the consent of the remaining heirs.
The Shaykh:
If the remaining heirs consent, there is no harm. The right belongs to them if they consent and they are of sound mind, not minors. If they consent and are of sound mind, there is no harm. Yes.
I ask Allah for safety. My grandfather passed away, leaving behind four children: two sons and two daughters. He bequeathed a portion of his house to his son’s daughters, knowing that he also had other children. My grandfather passed away, leaving behind four children: two sons and two daughters, and he bequeathed a portion of his house to his son’s daughters, knowing that he had children. Is it permissible for us to carry out his bequest to his son’s daughters? And what is the ruling of Islam in this matter?
The Shaykh:
A bequest to a non-heir is permissible; a bequest to an heir is prohibited. As for a bequest to a non-heir among one’s grandchildren, who are not heirs, there is no harm. One may bequeath to non-heirs up to one-third or less. As for the heirs, one may not bequeath to them, whether a small amount or a large one. As for non-heirs, such as the maternal grandfather, the children of one’s daughters, the children of one’s siblings, or siblings who are not heirs—because he has children—he may bequeath whatever he wishes, up to one-third or less. However, if he has grandchildren, it is obligatory to be just among them. If he has grandchildren, he should not bequeath to some of them and not to others. Fear Allah and be just among your children. He should bequeath to all of them or call for all of them.
The questioner:
Even if he bequeaths to the heirs with the consent of the remaining heirs.
The Shaykh:
If the remaining heirs consent, there is no harm. The right belongs to them if they consent and they are of sound mind, not minors. If they consent and are of sound mind, there is no harm. Yes.
Source
ندوات الجامع الكبير مع الأسئلة - 50 — archive.org (1:24:00)
The Arabic text is a machine transcription of the audio recording.