A bequest is not permissible for an heir, nor is it valid for more than one-third, and it is established in the court if not written
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Fatwa number ( 2984 )
Q: We inform Your Eminence that our brother, Abd al-Rahman ibn Abd al-Aziz Rawdhan, had previously fallen ill and was admitted to a hospital in Riyadh, and while he was there, his brother Sulayman ibn Ibrahim ibn Wail, who is trustworthy, witnessed that he would dedicate one-third of his wealth to the construction of a mosque, and that he would give his brother Fahd one hundred thousand riyals from his estate, and his wife seventy thousand riyals. Then he recovered and left the hospital and stayed for more than four months, then Allah decreed upon him and he was killed suddenly, may Allah have mercy on him. He left behind a mother, a wife, two paternal brothers, a maternal brother, and a paternal sister. We ask Your Eminence to kindly inform us about the validity of what he bequeathed, and how to divide his inheritance. May Allah reward you with good?
A: First: A bequest is not permissible for more than one-third, nor is it valid for an heir, unless the heirs who are entitled to their share consent; for he (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) narrated by Ahmad and Abu Dawud and al-Tirmidhi and Ibn Majah and al-Daraqutni, and he added at the end
of it:Bulugh al-Maram 7:226 . Second: The reference for establishing a bequest is the Shari'ah courts. Third: The estate of the deceased mentioned is divided, after paying his debts and executing his lawful bequest if there is any, from sixty equal shares: the mother gets one-sixth (ten out of sixty), his wife gets one-quarter (fifteen out of sixty), his maternal brother gets one-sixth (ten out of sixty), and the remaining twenty-five are for his two paternal brothers and their sister, with ten for the male and five for the female. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform Your Eminence that our brother, Abd al-Rahman ibn Abd al-Aziz Rawdhan, had previously fallen ill and was admitted to a hospital in Riyadh, and while he was there, his brother Sulayman ibn Ibrahim ibn Wail, who is trustworthy, witnessed that he would dedicate one-third of his wealth to the construction of a mosque, and that he would give his brother Fahd one hundred thousand riyals from his estate, and his wife seventy thousand riyals. Then he recovered and left the hospital and stayed for more than four months, then Allah decreed upon him and he was killed suddenly, may Allah have mercy on him. He left behind a mother, a wife, two paternal brothers, a maternal brother, and a paternal sister. We ask Your Eminence to kindly inform us about the validity of what he bequeathed, and how to divide his inheritance. May Allah reward you with good?
A: First: A bequest is not permissible for more than one-third, nor is it valid for an heir, unless the heirs who are entitled to their share consent; for he (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 لوارثof it:
unless the other heirs wish so
إلا أن يشاء الورثة
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.