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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between a Bequest to Heirs and an Endowment for Them

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Question:
Honorable Shaykh, what is the difference between a bequest to the heirs and what is due to the heirs from the perspective of the Islamic ruling?

Answer:
An endowment (waqf) for the heirs is not permissible because it is an endowment that takes effect during one's lifetime. Is it permissible to give it to the heirs while he is alive and sound? No, it is not a matter of death, because what is executed in the bequest remains after death, and after death it remains for the heirs. Therefore, it is not permissible to dispose of it after death except in the presence of the shadow. There is a difference between an endowment and a bequest: an endowment is made during one's lifetime, whereas a bequest is made after death. As long as a person is alive, he disposes of his wealth as he wishes, but when he dies, his wealth does not transfer to the heirs, and he is left with nothing but the Hereafter.
Source قناة «العلامة الدكتور صالح الفوزان»، 118 من 175 /شرح بلوغ المرام/النكاح/أحاديث في النكاح/صالح الفوزان/الحديث/كبار العلماء — youtube.com (41:14)

The Arabic text is a machine transcription of the audio recording.

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