A man divided his wealth among his heirs before his death and wrote it as a bequest; is this in accordance with the Shari'ah?
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Question : He says: My father, before he died, divided what he owned among his heirs by writing that division in a bequest to be executed after his death. Is this in accordance with the Shari'ah? And is its execution valid? If the deceased bequeaths to the heirs, each according to his share of inheritance.
Answer : If it is in common, there is no harm. For example, if he has three children and he says, "I bequeath to my eldest son one-third, to my middle son one-third, and to my youngest son one-third," there is no harm in this. But if he bequeaths a specific item, saying, for example, "To my eldest son is this house, to the middle son is this house, and to the youngest son is this house," then the bequest is not valid except with their consent, because he has no right to designate a specific item for the heirs. There is no bequest for an heir. And if he bequeaths to one of them and not to the other, that is more severe, and it is also forbidden.
Answer : If it is in common, there is no harm. For example, if he has three children and he says, "I bequeath to my eldest son one-third, to my middle son one-third, and to my youngest son one-third," there is no harm in this. But if he bequeaths a specific item, saying, for example, "To my eldest son is this house, to the middle son is this house, and to the youngest son is this house," then the bequest is not valid except with their consent, because he has no right to designate a specific item for the heirs. There is no bequest for an heir. And if he bequeaths to one of them and not to the other, that is more severe, and it is also forbidden.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 108 - 332 قسم أبي أمواله لورثته قبل موته وكتبها بوصية فهل هذا موافق للشرع؟ ابن عثيمين — youtube.com
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