The Ruling on Bequests, Their Formulation, and Their Proof
Machine translationRead the Arabic original
The questioner:
One of the brothers is asking. He says: What is the ruling on a bequest, what do we write in it, and what is its formulation?
The Shaykh:
A bequest is recommended (mustahabb) for one to bequeath some of his wealth. A bequest is of two types: an obligatory bequest, which is to bequeath regarding his wealth and the rights and debts owed from his wealth, and the debts and rights he owes. He bequeaths this so that nothing remains in his liability after his death. This is obligatory. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2702Sahih (Darussalam)
The second type is a recommended (mustahabb) bequest, which is to bequeath some of his wealth if he has a lot of wealth. It is recommended for him to bequeath some of his wealth within the limit of one-third or less, to be spent in the causes of good. Yes.
The questioner:
Is an oral bequest valid?
The Shaykh:
It must be documented in the court and a legal certificate issued for it, for it is not established unless two witnesses are called to it. The two witnesses go to the judge and testify before the judge regarding this bequest. Yes.
The questioner:
If a bequest reaches a woman or a child who has not yet reached it, is it considered valid?
The Shaykh:
No, he should refer to the court, but two just witnesses are required.
The presenter:
Yes, may Allah bless you and reward you.
One of the brothers is asking. He says: What is the ruling on a bequest, what do we write in it, and what is its formulation?
The Shaykh:
A bequest is recommended (mustahabb) for one to bequeath some of his wealth. A bequest is of two types: an obligatory bequest, which is to bequeath regarding his wealth and the rights and debts owed from his wealth, and the debts and rights he owes. He bequeaths this so that nothing remains in his liability after his death. This is obligatory. The Prophet (peace and blessings be upon him) said:
The Muslim man has no right to spend two nights
ما حق امرئ مسلم يبيت ليلتينexcept for his bequest being at his head.
إلا وصيته عند رأسه.The second type is a recommended (mustahabb) bequest, which is to bequeath some of his wealth if he has a lot of wealth. It is recommended for him to bequeath some of his wealth within the limit of one-third or less, to be spent in the causes of good. Yes.
The questioner:
Is an oral bequest valid?
The Shaykh:
It must be documented in the court and a legal certificate issued for it, for it is not established unless two witnesses are called to it. The two witnesses go to the judge and testify before the judge regarding this bequest. Yes.
The questioner:
If a bequest reaches a woman or a child who has not yet reached it, is it considered valid?
The Shaykh:
No, he should refer to the court, but two just witnesses are required.
The presenter:
Yes, may Allah bless you and reward you.
Source
نور على الدرب - الفوزان - 03/160 — archive.org (10:52)
The Arabic text is a machine transcription of the audio recording.