Bequests to relatives if the one-third is insufficient
Machine translationRead the Arabic original
Question:
If a person makes a bequest to his orphans, and the one-third limit for the bequest is not sufficient for the orphans, is it specified?
Answer:
If he has no heirs, he may bequeath whatever he wishes, but he does not bequeath to the heirs. However, if it is his maternal uncle, a grandmother who does not inherit, a paternal cousin, or a maternal cousin who is not among the heirs, or a righteous person who will carry it out or inherit it, there is no harm. This is from the category of charity. It is better for the bequest to be less than one-third. Yes. Is it better for the bequest to be less than one-third? Yes, yes, especially if there are needy people. Yes.
If a person makes a bequest to his orphans, and the one-third limit for the bequest is not sufficient for the orphans, is it specified?
Answer:
If he has no heirs, he may bequeath whatever he wishes, but he does not bequeath to the heirs. However, if it is his maternal uncle, a grandmother who does not inherit, a paternal cousin, or a maternal cousin who is not among the heirs, or a righteous person who will carry it out or inherit it, there is no harm. This is from the category of charity. It is better for the bequest to be less than one-third. Yes. Is it better for the bequest to be less than one-third? Yes, yes, especially if there are needy people. Yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، باب الوصايا — islamhouse.com (18:04)
The Arabic text is a machine transcription of the audio recording.