A bequest is not permissible for more than one-third, nor is it permissible for an heir
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Fatwa number ( 19743 )
Q: I have a wife, and we have children, sons and daughters, praise be to Allah, some of whom are grown and some are young. I have no property other than the house we currently live in. Since my wife is ill and we have young children, I fear that after my death, our older children may dispose of this house we are living in, leaving their mother and their younger siblings without a home to shelter in. I note that the older ones are not in need, as they have houses and jobs, praise be to Allah, and their wives may not accept the young children and their mother. Is it permissible for me to bequeath that this house remains for all of them after my death, and that none of them may dispose of it until after their mother’s death or after the passage of 25 years
for example, and how do we ensure that the older ones do not harm their mother and their younger siblings with this dwelling? Please rule on this, may Allah reward you with good.
A: It is not permissible for you to bequeath more than one-third, nor to bequeath to an heir; due to the saying of the Prophet (peace and blessings be upon him): , and his saying (peace and blessings be upon him): , but if you say in your bequest or in your endowment: “The needy among the descendants are given from the income what suffices them,” it is permissible for you; because it is conditioned by a general description. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a wife, and we have children, sons and daughters, praise be to Allah, some of whom are grown and some are young. I have no property other than the house we currently live in. Since my wife is ill and we have young children, I fear that after my death, our older children may dispose of this house we are living in, leaving their mother and their younger siblings without a home to shelter in. I note that the older ones are not in need, as they have houses and jobs, praise be to Allah, and their wives may not accept the young children and their mother. Is it permissible for me to bequeath that this house remains for all of them after my death, and that none of them may dispose of it until after their mother’s death or after the passage of 25 years
for example, and how do we ensure that the older ones do not harm their mother and their younger siblings with this dwelling? Please rule on this, may Allah reward you with good.
A: It is not permissible for you to bequeath more than one-third, nor to bequeath to an heir; due to the saying of the Prophet (peace and blessings be upon him):
A third, and a third is a lot.
الثلث والثلث كثيرThere is no bequest for an heir
لا وصية لوارث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.