A man bequeathed one-third of his wealth to his heirs, and the rest to his children?
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The questioner : The first question: May Allah preserve you and bless you, O Shaykh. A question regarding bequests: A man made a bequest during his lifetime of one-third of the inheritance to his wife, and the rest to his children. When we told him the hadith of the Prophet (peace and blessings be upon him) in which he said: , he said that his children agreed to the one-third for their mother because there are two young children who do not have apartments to get married in, while their other siblings took apartments in the house. Therefore, he decided to bequeath the one-third. Is that permissible to secure the young children, or not? May Allah reward you with good.
The Shaykh : That is not permissible, obviously, due to the consensus of the scholars that if a report (athar) comes, reasoning (nazar) is invalidated. If a report comes, reasoning is invalidated. And in the authentic Arabic proverb: "When the river of Allah comes, the river of Maqil is invalidated." So if the hadith of the Prophet (peace and blessings be upon him and his family) is:, then any justification issued by a bequeather that contradicts the bequest of the Prophet (peace and blessings be upon him and his family) is an invalid bequest, first. Second: The justification mentioned means that when Allah (Mighty and Majestic) legislated the fixed shares and distributed the inheritances as stated in the Book and the Sunnah, and gave every right-holder his right, it means that Allah (Mighty and Majestic) did not consider, even occasionally as the bequeather claims, the rights of orphans and the poor. This is like a straw on a camel's hump, as it is said, and it is a sin upon a sin.
The first sin: Bequeathing one-third to the heirs is a clear sin. The other sin: Justifying this sin and excusing it and smoothing it over with the claim mentioned in the question. And we ask Allah (Mighty and Majestic) to enable us to submit ourselves to the rulings of our Shari'ah, not distinguishing between what is in the Book and what came in the authentic Sunnah. Yes.
There is no bequest for an heir
لا وصية لوارثThe Shaykh : That is not permissible, obviously, due to the consensus of the scholars that if a report (athar) comes, reasoning (nazar) is invalidated. If a report comes, reasoning is invalidated. And in the authentic Arabic proverb: "When the river of Allah comes, the river of Maqil is invalidated." So if the hadith of the Prophet (peace and blessings be upon him and his family) is:
There is no bequest for an heir
لا وصية لوارثThe first sin: Bequeathing one-third to the heirs is a clear sin. The other sin: Justifying this sin and excusing it and smoothing it over with the claim mentioned in the question. And we ask Allah (Mighty and Majestic) to enable us to submit ourselves to the rulings of our Shari'ah, not distinguishing between what is in the Book and what came in the authentic Sunnah. Yes.