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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Effect of a Bequest on the Heirs' Rights

Machine translationRead the Arabic original
Question:
Sa'id Muhammad, calling from his mobile phone, asks: Does a bequest in wealth cancel the rights of the heirs?

Answer:
A bequest is limited to one-third. Allah (Mighty and Majestic) has permitted the Muslim to make a bequest of up to one-third of his wealth after his death. One-third is a lot. The Prophet (peace and blessings be upon him) said:
One-third is a lot.الثلث كثير.
It should be less than one-third; the bequest should be less than one-third.
This is because Sa'd ibn Abi Waqqas (may Allah be pleased with him) fell ill, and the Prophet (peace and blessings be upon him) visited him. Sa'd asked him, saying: "No one will inherit from me except my daughter. Should I give away two-thirds of my wealth, or half of it?" until he said, "Or one-third?"
He said: "One-third, and one-third is a lot. It is better for you to leave your heirs wealthy than to leave them poor, begging from people."قال الثلث والثلث كثير إنك أن تذر ورثتك أغنياء خير لك من أن تذرهم عالة يتكففون الناس
Sunan al-Bayhaqi 10:31
Yes.

The presenter:
Yes, may Allah bless you and reward you.
Source قناة «العلامة الدكتور صالح الفوزان»، برنامج (فتاوى) (165) لمعالي الشيخ صالح الفوزان بتاريخ [1439-07-18] - كبار العلماء — youtube.com (7:57)

The Arabic text is a machine transcription of the audio recording.

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