If a person does good to another and takes charge of nursing him, he has no right to his inheritance
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Fatwa number ( 20037 )
Q: She is a widow with no relatives except one person from her group, with whom she shares a fourth or fifth degree of kinship. She asked to live with him, and he accepted. However, after several months of her staying with him, he and his family began to mistreat her and threaten to evict her from his house. She was distressed by their behavior and went to the judge of the Tanumah court,
and proposed that she live with the family of the citizen Muhammad Khalufah so that he could support her, protect her rights, and serve as her legal guardian over her assets. The judge issued a power of attorney appointing the aforementioned man as her legal guardian. She lived with the family of the citizen Muhammad Khalufah al-Shahri, and he and his family treated her well and did not withhold anything from her. They gave her a plot of land on which she built a residence. This woman is approximately eighty years old and has some money obtained from social security and charity. This woman asks: Is it permissible for this person who did her good to inherit from her, as she desires this?
A: If the situation is as you described, that this person who did you good and became your legal guardian is a stranger to you and not a residuary heir, then it is not permissible for him to inherit from you. Nor is it permissible for you to bequeath that he inherit all your wealth after your death, for he is neither an heir by fixed share nor a residuary heir to you. This is based on what Ibn Abbas (may Allah be pleased with them both) narrated from the Prophet (peace and blessings be upon him), who said:Sahih Muslim 1615a It is agreed upon by al-Bukhari and Muslim, and this is the wording of al-Bukhari . Also, the causes of inheritance are three: kinship, lineage, and loyalty (i.e., manumission). Accordingly, all the wealth you leave behind is inherited by the residuary heir with whom you mentioned sharing a fourth or
fifth degree of kinship, if there is no closer residuary heir. Then, after him, his children inherit, because he inherits from you by residuary right. If there is no residuary heir and you have no close kin, the wealth goes to the Muslim treasury, which is the heir of one who has no heir. However, you may bequeath one-third of your wealth or less to this person who did you good, sheltered you in his home, cared for you, and donated a plot of land from his property for you to build a residence on. He will receive reward from Allah (Glorified and Exalted is He) for the good he did toward you. But we advise you not to reveal yourself to him or be in seclusion with him, because you are a stranger to him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: She is a widow with no relatives except one person from her group, with whom she shares a fourth or fifth degree of kinship. She asked to live with him, and he accepted. However, after several months of her staying with him, he and his family began to mistreat her and threaten to evict her from his house. She was distressed by their behavior and went to the judge of the Tanumah court,
and proposed that she live with the family of the citizen Muhammad Khalufah so that he could support her, protect her rights, and serve as her legal guardian over her assets. The judge issued a power of attorney appointing the aforementioned man as her legal guardian. She lived with the family of the citizen Muhammad Khalufah al-Shahri, and he and his family treated her well and did not withhold anything from her. They gave her a plot of land on which she built a residence. This woman is approximately eighty years old and has some money obtained from social security and charity. This woman asks: Is it permissible for this person who did her good to inherit from her, as she desires this?
A: If the situation is as you described, that this person who did you good and became your legal guardian is a stranger to you and not a residuary heir, then it is not permissible for him to inherit from you. Nor is it permissible for you to bequeath that he inherit all your wealth after your death, for he is neither an heir by fixed share nor a residuary heir to you. This is based on what Ibn Abbas (may Allah be pleased with them both) narrated from the Prophet (peace and blessings be upon him), who said:
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها، فما بقي فهو لأولى رجل ذكرfifth degree of kinship, if there is no closer residuary heir. Then, after him, his children inherit, because he inherits from you by residuary right. If there is no residuary heir and you have no close kin, the wealth goes to the Muslim treasury, which is the heir of one who has no heir. However, you may bequeath one-third of your wealth or less to this person who did you good, sheltered you in his home, cared for you, and donated a plot of land from his property for you to build a residence on. He will receive reward from Allah (Glorified and Exalted is He) for the good he did toward you. But we advise you not to reveal yourself to him or be in seclusion with him, because you are a stranger to him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.