The bequest of one-fifth to his deceased son and its increase beyond one-third
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man died after bequeathing one-fifth of his wealth to his deceased son’s son. When the estate was calculated, the bequest’s share exceeded one-third. Is the bequest executed in the amount that exceeds one-third?
Answer:
No. Because his deceased son is not an heir, it is valid to bequeath to a non-heir, but only within the limit of one-third or less.
He says: Honorable Shaykh, may Allah grant you success. A man died after bequeathing one-fifth of his wealth to his deceased son’s son. When the estate was calculated, the bequest’s share exceeded one-third. Is the bequest executed in the amount that exceeds one-third?
Answer:
No. Because his deceased son is not an heir, it is valid to bequeath to a non-heir, but only within the limit of one-third or less.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:05:57)
The Arabic text is a machine transcription of the audio recording.