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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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regarding a bequest: A man bequeathed one-third of the inheritance to his wife during his lifetime, and the rest to his children.

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The questioner : ... and peace and blessings be upon the noblest of the prophets and messengers, and upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows:
So, O my brothers, the lesson will continue until eight o'clock, if Allah wills.
The first question: Your EminenceThe Shaykh- May Allah preserve you and bless you - , a question regarding a bequest: A man bequeathed one-third of the inheritance to his wife during his lifetime, and the rest to his children. And when we told him the hadith of the Messenger of Allah (peace and blessings be upon him) that he said:
There is no bequest for an heir لا وصية لوارث
. He said: My children agree to the one-third for their mother; because there are two young children among the children who do not have apartments to marry in, and their other brothers took apartments in the house; therefore he decided on his bequest. Is that permissible to secure for his young children or not? And may Allah reward you with good?

The Shaykh: That is not permissible, obviously; due to the statement of the scholars by consensus: "When the report (athar) comes, the reasoning (nazar) is invalid," and in the old Arabic proverb: "When the river of Allah comes, the river of Maqil is invalid." 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 لوارث
, then any modification issued by a bequeather contrary to the bequest of the Prophet (peace and blessings be upon him and his family) is an invalid bequest, first. And secondly, the justification mentioned means that Allah (Mighty and Majestic), when He legislated the fixed shares and distributed the inheritances as stated in the Book and the Sunnah, and gave every right-holder his right; the meaning of this bequest is that Allah (Mighty and Majestic) did not consider - even occasionally, according to the claim of the bequeather - the right of these orphans and the poor. This is a straw on a camel's hump, as it is said, and a sin upon a sin. The first sin is the bequest of one-third to the heirs; this is an apparent sin;
There is no bequest for an heir لا وصية لوارث
. The other sin is justifying this sin and excusing it and smoothing it over with the claim mentioned in the question in 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 from it in the Book or what came in the authentic Sunnah.
Yes.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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