The bequest to disinherit some of his children from the inheritance
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Fatwa number ( 1581 )
Q: He has eight children, six of whom are obedient to Allah and to their father, and two who are disobedient to Allah; they do not fast and they do not pray, and they are undutiful to their parents. They are (Mansur and Saleh). Because of this, he wrote in his will that Mansur and Saleh shall not inherit from what he leaves behind unless they repent. He asks for information regarding the validity of this bequest?
A: This bequest is not permissible; it contradicts the requirements of the Shari'ah and the justice that Allah has commanded, especially between children; for what was narrated by Ahmad and Abu Dawud
(may Allah have mercy on them), from Abu Umamah (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) , and what was narrated by al-Bukhari and Muslim (may Allah have mercy on them), from al-Nu'man ibn Bashir (may Allah be pleased with him), Bulugh al-Maram 7:183 , and in a wording of Muslim he said: Sahih al-Bukhari 2587 , so my father returned from that charity, unless it is established with a Shari'ah proof that necessitates their disbelief, such as abandoning prayer at the time of your death, in which case they have no inheritance even if you did not make such a bequest; for the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2909Sahih (Al-Albani) agreed upon as authentic. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He has eight children, six of whom are obedient to Allah and to their father, and two who are disobedient to Allah; they do not fast and they do not pray, and they are undutiful to their parents. They are (Mansur and Saleh). Because of this, he wrote in his will that Mansur and Saleh shall not inherit from what he leaves behind unless they repent. He asks for information regarding the validity of this bequest?
A: This bequest is not permissible; it contradicts the requirements of the Shari'ah and the justice that Allah has commanded, especially between children; for what was narrated by Ahmad and Abu Dawud
(may Allah have mercy on them), from Abu Umamah (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارثHis father brought him to Allah's Messenger (ﷺ) and said, "I have given this son of mine a slave, who was belonging to me." Allah's Messenger (ﷺ) asked, "Have you given all your children the like of him?" He replied, "No." Allah's Messenger (ﷺ) then said, "Take him back then."
أن أباه أتى به النبي صلى الله عليه وسلم فقال: إني نحلت ابني هذا غلامًا كان لي، فقال: أكُلُّ ولدك نحلته مثل هذا؟ فقال: لا، قال: فأرجعهBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمA Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر، ولا الكافر المسلم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.