The Bequest to the Daughters
Machine translationRead the Arabic original
Fatwa No. ( 16122 )
Q: My father has three sons and five daughters, and he owns sheep. He has left me a bequest, and he is currently alive. It states that when he passes away, I should give two of his daughters, each of them, a hundred sheep from the flock before the division of the estate. Then, each of them should take her share of this estate along with the other heirs. His reason for this is that the two daughters work with him in tending the sheep. He also said: Give charity on my behalf of five thousand riyals, of which the cost of the funeral lunch or dinner is to be paid, and the remainder is to be distributed to the needy.
A: It is obligatory first to pay off the debts of the deceased, and then to execute his bequest, provided it is in acts of righteousness and within the limit of one-third or less. Anything exceeding one-third requires the consent of the heirs. As for his bequest to the daughters, it is not valid; because the Prophet (peace and blessings be upon him) said: unless the heirs consent. What remains after settling the debts and the lawful bequest belongs to the heirs according to the lawful shares of inheritance.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father has three sons and five daughters, and he owns sheep. He has left me a bequest, and he is currently alive. It states that when he passes away, I should give two of his daughters, each of them, a hundred sheep from the flock before the division of the estate. Then, each of them should take her share of this estate along with the other heirs. His reason for this is that the two daughters work with him in tending the sheep. He also said: Give charity on my behalf of five thousand riyals, of which the cost of the funeral lunch or dinner is to be paid, and the remainder is to be distributed to the needy.
A: It is obligatory first to pay off the debts of the deceased, and then to execute his bequest, provided it is in acts of righteousness and within the limit of one-third or less. Anything exceeding one-third requires the consent of the heirs. As for his bequest to the daughters, it is not valid; because the Prophet (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثAnd 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.