A bequest to some of the children of a small portion of the estate
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man made a bequest in his deathbed illness to his sons of a small portion of the estate, excluding his daughters, knowing that the value of this bequeathed money equals five percent of the estate. Is this bequest to be carried out because it is less than one-third?
Answer:
Not even a riyal. A bequest to an heir is not valid for anything, even the smallest amount. The Messenger (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani), even if it is a little.
He says: Honorable Shaykh, may Allah grant you success. A man made a bequest in his deathbed illness to his sons of a small portion of the estate, excluding his daughters, knowing that the value of this bequeathed money equals five percent of the estate. Is this bequest to be carried out because it is less than one-third?
Answer:
Not even a riyal. A bequest to an heir is not valid for anything, even the smallest amount. The Messenger (peace and blessings be upon him) said:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث
Source
قناة «العلامة الدكتور صالح الفوزان»، 122 من 123 / شرح كتاب زاد المستقنع / الإقرار / صالح الفوزان / الفقه / كبار العلماء — youtube.com (22:18)
The Arabic text is a machine transcription of the audio recording.