There is a man who has a large piece of land, and in the land there is a garden with palm trees and fruits, and he has male and female offspring. When he grew old and advanced in age, he left a will and said, "My land..."
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The questioner : He says that there is a man who has a large piece of land, and in the land there is a garden with palm trees and fruits, and he has male and female offspring. When he grew old and advanced in age, he left a will and said, "My land and everything in it is an endowment (waqf) for my male children and their descendants. As for my daughters, they have no right to the endowment and do not inherit from it." In fact, this man passed away, and his son executed this will, thereby depriving the daughters and their descendants. Is this endowment valid, and does this man commit a sin? We ask you to kindly answer this question?
The Shaykh : The correct opinion among the scholars in this matter is that it is not permissible to allocate any part of the bequest to one of one's heirs, and that this bequest is invalid, and that it must be returned to the inheritance, and the heirs inherit it according to what is in the Book of Allah the Exalted and the Sunnah of His Messenger (peace and blessings be upon him).
The questioner : You have done well. This message is from the questioner, who says he is asking...
The Shaykh : Just a moment.
The questioner : Please go ahead.
The Shaykh : This is because Allah (Glorified and Exalted is He) took upon Himself to divide the inheritance among its rightful recipients, and He informed that He has made it an obligation, and that none of us knows who is the most beneficial to us. In the hadith from the Prophet (peace and blessings be upon him)Sunan Abi Dawud 2870Hasan Sahih (Al-Albani).
The questioner : Yes.
This message was sent to the program by a questioner who says, "Your brother in Allah, H.A.T."
The Shaykh : The correct opinion among the scholars in this matter is that it is not permissible to allocate any part of the bequest to one of one's heirs, and that this bequest is invalid, and that it must be returned to the inheritance, and the heirs inherit it according to what is in the Book of Allah the Exalted and the Sunnah of His Messenger (peace and blessings be upon him).
The questioner : You have done well. This message is from the questioner, who says he is asking...
The Shaykh : Just a moment.
The questioner : Please go ahead.
The Shaykh : This is because Allah (Glorified and Exalted is He) took upon Himself to divide the inheritance among its rightful recipients, and He informed that He has made it an obligation, and that none of us knows who is the most beneficial to us. In the hadith from the Prophet (peace and blessings be upon him)
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 أعطى كل ذي حق حقه فلا وصية لوارثThe questioner : Yes.
This message was sent to the program by a questioner who says, "Your brother in Allah, H.A.T."
