It is not permissible for a person to endow all that he owns for his children
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Fatwa number ( 577 )
Q: I want to endow my estate, consisting of real estate and other assets, for my children, generation after generation, and offspring after offspring. If one of my children’s wives dies, does she inherit after his death? And if this is permissible, does any of my sons inherit from his wife, or not?
A: It is not permissible for a person to endow all that he owns for his children; because it is an unjust endowment, in which the wives are deprived of the endowment, and in which all the heirs are deprived of their lawful inheritance. So whoever among the heirs does not benefit is deprived of the inheritance and the benefit, and whoever among the heirs does benefit is deprived of the lawful inheritance, and of the disposal of what will be left of his deceased father's wealth, and this is contrary to the Shari'ah. The lawful method is: that the person bequeaths one-third in the causes of righteousness, and makes it so that whoever among his heirs is in need may eat, and there is no blame on him. It has been established in the two SahihsAs-Sunan al-Kubra lil-Nasa'i 42:20, and it was narrated by Imam Ahmad, Abu Dawud, and al-Tirmidhi, and he graded it as good, that the Prophet (peace and blessings be upon him) said: .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I want to endow my estate, consisting of real estate and other assets, for my children, generation after generation, and offspring after offspring. If one of my children’s wives dies, does she inherit after his death? And if this is permissible, does any of my sons inherit from his wife, or not?
A: It is not permissible for a person to endow all that he owns for his children; because it is an unjust endowment, in which the wives are deprived of the endowment, and in which all the heirs are deprived of their lawful inheritance. So whoever among the heirs does not benefit is deprived of the inheritance and the benefit, and whoever among the heirs does benefit is deprived of the lawful inheritance, and of the disposal of what will be left of his deceased father's wealth, and this is contrary to the Shari'ah. The lawful method is: that the person bequeaths one-third in the causes of righteousness, and makes it so that whoever among his heirs is in need may eat, and there is no blame on him. It has been established in the two Sahihs
The saying of the Prophet (peace and blessings be upon him) to Sa'd when he said: "I bequeath all my wealth?" He said: "No." He said: "Then half?" He said: "No." He said: "Then one-third?" He said: "One-third, and one-third is a lot."
قول النبي صلى الله عليه وسلم لسعد حين قال: أوصي بمالي كله؟ قال: لا، قال: فالشطر؟ قال: لا، قال: فالثلث؟ قال: الثلث، والثلث كثيرThere is no bequest for an heir
لا وصية لوارثAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.