A bequest to an heir; adopting the son of her neighbor; a bequest to the son of her neighbor
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The first question of Fatwa number ( 3340 )
Q1: I had a wife who did not bear children, and she lived with me for 35 years. She adopted a son of mine from a previous wife after his mother passed away, and he was seven months old. In the month of Sha'ban, she asked me to visit her relatives (her cousins) and fasted Ramadan with them, and I followed her for six days of Shawwal. After she completed the fasting of the six days of Shawwal, she felt ill and was transferred to the hospital, where she passed away in the hospital. Before she passed away, on her sickbed in the hospital, in the final moments of her life, she bequeathed the following to her cousins: 1 - All the gold from bracelets, loose pieces, and rings is to be given to her brother, 'A'id. 2 - The savings and with them bonds for an amount of five thousand or slightly more are to be given to Muhammad, who is her adopted son. Also, she has some furniture, bedding, and clothes with me in the house, which I am now selling at a public auction to preserve its value in cash until the inheritance is divided. She has only two brothers and two paternal aunts.
The question is: A - Is what she bequeathed considered valid and comes out of the inheritance, or is this bequest invalid because she made it when she felt death approaching? 2 - Do I have the right to sell her furniture before the heirs arrive because I wish to move to another area and moving it causes me hardship? 3 - Who inherits according to the Shari'ah and what is the share of each of them?
A1: Her adoption of your son from the other woman is forbidden, and he is not considered her son by that. As for her bequest to her brother of the money mentioned, it is not permissible because it is a bequest to an heir, and it does not take effect unless the heirs permit it. If they do not agree, it is placed with her estate to be divided as inheritance among the heirs, and if there is a minor among them, his share remains his property. As for her bequest to the boy she adopted, it is permissible within the limit of one-third of her wealth, and what exceeds that is returned to the estate unless the heirs permit it. As for the shares of the heirs, her husband gets half, and her two brothers get the remainder by right of agnation if they are her full brothers, or if they are her paternal brothers. However, if one is a full brother and the other is a paternal brother, the remainder belongs to the full brother, after settling any debt she may have owed if she was in debt, and executing her valid Shari'ah bequest to the one she adopted. Her two paternal aunts have no share. It is not permissible for you to sell the furniture
or dispose of it without the permission of the other heirs, as their rights are attached to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I had a wife who did not bear children, and she lived with me for 35 years. She adopted a son of mine from a previous wife after his mother passed away, and he was seven months old. In the month of Sha'ban, she asked me to visit her relatives (her cousins) and fasted Ramadan with them, and I followed her for six days of Shawwal. After she completed the fasting of the six days of Shawwal, she felt ill and was transferred to the hospital, where she passed away in the hospital. Before she passed away, on her sickbed in the hospital, in the final moments of her life, she bequeathed the following to her cousins: 1 - All the gold from bracelets, loose pieces, and rings is to be given to her brother, 'A'id. 2 - The savings and with them bonds for an amount of five thousand or slightly more are to be given to Muhammad, who is her adopted son. Also, she has some furniture, bedding, and clothes with me in the house, which I am now selling at a public auction to preserve its value in cash until the inheritance is divided. She has only two brothers and two paternal aunts.
The question is: A - Is what she bequeathed considered valid and comes out of the inheritance, or is this bequest invalid because she made it when she felt death approaching? 2 - Do I have the right to sell her furniture before the heirs arrive because I wish to move to another area and moving it causes me hardship? 3 - Who inherits according to the Shari'ah and what is the share of each of them?
A1: Her adoption of your son from the other woman is forbidden, and he is not considered her son by that. As for her bequest to her brother of the money mentioned, it is not permissible because it is a bequest to an heir, and it does not take effect unless the heirs permit it. If they do not agree, it is placed with her estate to be divided as inheritance among the heirs, and if there is a minor among them, his share remains his property. As for her bequest to the boy she adopted, it is permissible within the limit of one-third of her wealth, and what exceeds that is returned to the estate unless the heirs permit it. As for the shares of the heirs, her husband gets half, and her two brothers get the remainder by right of agnation if they are her full brothers, or if they are her paternal brothers. However, if one is a full brother and the other is a paternal brother, the remainder belongs to the full brother, after settling any debt she may have owed if she was in debt, and executing her valid Shari'ah bequest to the one she adopted. Her two paternal aunts have no share. It is not permissible for you to sell the furniture
or dispose of it without the permission of the other heirs, as their rights are attached to it. 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.