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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Bequeathing Half of One's Wealth to a Fostered Orphan Girl

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Question:
The questioner says: Honorable Shaykh, may Allah grant you success, if I take in an orphan girl from an orphanage, and my brothers are well-off, is it permissible for me to bequeath half of what I own to this orphan girl, or must the heirs agree to this?

Answer:
What is the limit for a bequest in Islamic law? You bequeath to her one-third or less, which is what the Messenger of Allah (peace and blessings be upon him) permitted, namely one-third or less. If you bequeath to her more than one-third, this is contingent upon the heirs' consent after your death. As for their consent before your death, that is not considered valid. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:04:28)

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

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