What is the ruling on a bequest made by a deceased mother of her wealth to one of her sons, excluding her other brothers?
Machine translationRead the Arabic original
Question:
He says: My eldest brother took care of my mother, or my mother, and sacrificed a great deal of money for her. So my mother wrote a bequest stating that he should receive the share she obtained from my deceased father. What is the ruling on that?
Answer:
This bequest is not permissible, because it is a bequest to an heir, so it is not permissible. Also, it is not permissible for a parent, even outside of inheritance, to give to some of their children and leave out others. A bequest to an heir is not permissible, and giving to some children while excluding others is not permissible; she must be just. Her son did this seeking reward and recompense from Allah, so she should leave it to his intention and his reward. Yes.
He says: My eldest brother took care of my mother, or my mother, and sacrificed a great deal of money for her. So my mother wrote a bequest stating that he should receive the share she obtained from my deceased father. What is the ruling on that?
Answer:
This bequest is not permissible, because it is a bequest to an heir, so it is not permissible. Also, it is not permissible for a parent, even outside of inheritance, to give to some of their children and leave out others. A bequest to an heir is not permissible, and giving to some children while excluding others is not permissible; she must be just. Her son did this seeking reward and recompense from Allah, so she should leave it to his intention and his reward. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم وصية الأم المتوفية بمال لابن لها دون بقية إخوانه؟ #فتاوى الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.