A bequest equivalent to the share of one of the heirs, if that person has the smallest share, and one of the spouses is among them
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The questioner:
Honorable Shaykh, I informed you of the situation. If a person bequeaths to someone an amount equal to the share of one of his heirs, and the heirs with the smallest shares are the two spouses,
The Shaykh:
meaning, even if the heir with the smallest share is one of the spouses, the bequeathed person is given that amount. Yes. Of course. It is said regarding this: He said, "No, it is forbidden." It is forbidden, meaning the sale. That is, the sale and eating the fat. Because he interpreted this by his saying:Sunan an-Nasa'i 703Sahih (Darussalam), when the fat of dead animals was forbidden to him, they slaughtered the camel, sold it, and ate its price. And the Messenger (peace and blessings be upon him) said: Sahih Ibn Hibban 26:35, yes.
Honorable Shaykh, I informed you of the situation. If a person bequeaths to someone an amount equal to the share of one of his heirs, and the heirs with the smallest shares are the two spouses,
The Shaykh:
meaning, even if the heir with the smallest share is one of the spouses, the bequeathed person is given that amount. Yes. Of course. It is said regarding this: He said, "No, it is forbidden." It is forbidden, meaning the sale. That is, the sale and eating the fat. Because he interpreted this by his saying:
May Allah curse the Jews and Christians
لعنة الله على اليهود والنصارىWhen Allah forbids something, He forbids its price.
إن الله إذا حرم شيئا حرم ثمنه
Source
قناة «العلامة الدكتور صالح الفوزان»، 35 من 89|شرح العدة في شرح العمدة|كتاب الوصايا|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:07:59)
The Arabic text is a machine transcription of the audio recording.