The Difference Between a Bequest to Heirs and an Endowment for Them
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the difference between a bequest to the heirs and a waqf for the heirs from the perspective of the Islamic legal ruling?
Answer:
A waqf for the heirs is not permissible because it is effective during one's lifetime. It is permissible to make a bequest to the heirs while one is alive and healthy, provided it is not an illness of death, because a bequest is effective after death. After death, the second category is that the property is separated from the heirs, so it is not permissible to dispose of it after death except in the difference between waqf and bequest: waqf is during one's lifetime, whereas a bequest is after death. As long as a person is alive, he disposes of his property in the sense that, but when he dies, the wealth does not transfer from him to the heirs, and nothing remains for him except the Hereafter.
Honorable Shaykh, what is the difference between a bequest to the heirs and a waqf for the heirs from the perspective of the Islamic legal ruling?
Answer:
A waqf for the heirs is not permissible because it is effective during one's lifetime. It is permissible to make a bequest to the heirs while one is alive and healthy, provided it is not an illness of death, because a bequest is effective after death. After death, the second category is that the property is separated from the heirs, so it is not permissible to dispose of it after death except in the difference between waqf and bequest: waqf is during one's lifetime, whereas a bequest is after death. As long as a person is alive, he disposes of his property in the sense that, but when he dies, the wealth does not transfer from him to the heirs, and nothing remains for him except the Hereafter.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 1 — islamhouse.com (40:57)
The Arabic text is a machine transcription of the audio recording.