He married some of his children and built houses for them, and he bequeathed the same for his remaining children
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The seventh question of Fatwa number ( 5175 )
Q7:A man had nine children.He completed the education of some of them, and when some of them reached the age of marriage, he built suitable homes for them to marry in and helped them establish their marital homes. He intended to treat them all equally in this regard, but he passed away before completing the education and marriage of some of them. So he bequeathed a portion of his wealth for this purpose, and the rest of the wealth is to be distributed according to the Shari'ah among the nine individuals. It was said: This wealth
belongs to everyone, and there is no bequest for an heir. Some suggested that everyone should waive their share in this portion of the wealth, on the condition that it be a gift from them to those whose education and marriage have not yet been completed. Is the father's bequest invalid, and is it true that there is no bequest for an heir? Is the waiver by some of this portion of the wealth valid? And is it permissible for those who will benefit from this amount of wealth to accept this gift from their brothers?
A7: If the heirs who are guided ratify this bequest regarding their shares, there is no harm, and it is permissible for the beneficiaries to take it. If they do not ratify it, the matter is referred to the Shari'ah court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q7:A man had nine children.He completed the education of some of them, and when some of them reached the age of marriage, he built suitable homes for them to marry in and helped them establish their marital homes. He intended to treat them all equally in this regard, but he passed away before completing the education and marriage of some of them. So he bequeathed a portion of his wealth for this purpose, and the rest of the wealth is to be distributed according to the Shari'ah among the nine individuals. It was said: This wealth
belongs to everyone, and there is no bequest for an heir. Some suggested that everyone should waive their share in this portion of the wealth, on the condition that it be a gift from them to those whose education and marriage have not yet been completed. Is the father's bequest invalid, and is it true that there is no bequest for an heir? Is the waiver by some of this portion of the wealth valid? And is it permissible for those who will benefit from this amount of wealth to accept this gift from their brothers?
A7: If the heirs who are guided ratify this bequest regarding their shares, there is no harm, and it is permissible for the beneficiaries to take it. If they do not ratify it, the matter is referred to the Shari'ah court. 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.
