The bequest to the children of a deceased son
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, a man made a bequest to his heirs and said to them that the children of my deceased son
The Shaykh:
It seems.
The questioner:
He made a bequest to his heirs and said to them that the children of my deceased son take the place of their father in receiving the inheritance if I die. Is this bequest permissible? Is it to be taken from one-third of the wealth? Or are they treated as their father would have been if he were alive? May Allah reward you. Please note that this issue occurs frequently in our society.
The Shaykh:
There is no harm if the children who are given the bequest are not heirs from their grandfather in general. If they are not heirs, there is no harm in making a bequest for them, because they are not heirs. However, the bequest must be within the limit of one-third or less. If their father’s share is less than one-third, then it must be [limited accordingly].
Honorable Shaykh, a man made a bequest to his heirs and said to them that the children of my deceased son
The Shaykh:
It seems.
The questioner:
He made a bequest to his heirs and said to them that the children of my deceased son take the place of their father in receiving the inheritance if I die. Is this bequest permissible? Is it to be taken from one-third of the wealth? Or are they treated as their father would have been if he were alive? May Allah reward you. Please note that this issue occurs frequently in our society.
The Shaykh:
There is no harm if the children who are given the bequest are not heirs from their grandfather in general. If they are not heirs, there is no harm in making a bequest for them, because they are not heirs. However, the bequest must be within the limit of one-third or less. If their father’s share is less than one-third, then it must be [limited accordingly].
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 1 — islamhouse.com (39:03)
The Arabic text is a machine transcription of the audio recording.