The usurped estate
Machine translationRead the Arabic original
The prohibition of bequeathing to an heir
Question: A woman owns a qirat of land and has sons and daughters. She wrote in her will that this land should be distributed equally among her sons and daughters. Is this permissible, and is this will to be executed, or is her estate to be divided according to the law of Allah?
Answer: A bequest to an heir is not valid.Because the Prophet (peace and blessings be upon him) said:, and the scholars have agreed on prohibiting a bequest to an heir. This will is also invalid because it contradicts the law of Allah, which states that the male has the share of two females. Therefore, it is invalid in every case. The land is to be divided among the heirs after death according to what Allah the Exalted has prescribed, namely that the male has the share of two females. And Allah knows best.
Answer: If the estate was usurped and its owners are known, he must return it to them, because it is an injustice that is not permissible to retain or possess. Rather, it must be returned to its owners, and he must rid himself of its evil. It is not permissible for it to be inherited from his father. If the owners are present, it is returned to them. If the owners are not present, but he knows that it was usurped, or if they are unknown, he gives it in charity, and its reward belongs to its owners.
Question: Even if he is in dire need of it?
Answer: In such a case, he should consult the judge if, for example, he is poor and in need. The judge will look into his case and verify his situation.
Question: If he does that and gives it in charity, is his father’s liability absolved from it?
Answer: Allah knows best. This is left to Allah (Glorified and Exalted is He) to judge between them. Whoever dies without repenting from an injustice, his case is left to Allah (Glorified and Exalted is He). However, if he gives it in charity, the heirs are saved from its evil, and its reward belongs to its owners.
Question: A woman owns a qirat of land and has sons and daughters. She wrote in her will that this land should be distributed equally among her sons and daughters. Is this permissible, and is this will to be executed, or is her estate to be divided according to the law of Allah?
Answer: A bequest to an heir is not valid.Because the Prophet (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثAnswer: If the estate was usurped and its owners are known, he must return it to them, because it is an injustice that is not permissible to retain or possess. Rather, it must be returned to its owners, and he must rid himself of its evil. It is not permissible for it to be inherited from his father. If the owners are present, it is returned to them. If the owners are not present, but he knows that it was usurped, or if they are unknown, he gives it in charity, and its reward belongs to its owners.
Question: Even if he is in dire need of it?
Answer: In such a case, he should consult the judge if, for example, he is poor and in need. The judge will look into his case and verify his situation.
Question: If he does that and gives it in charity, is his father’s liability absolved from it?
Answer: Allah knows best. This is left to Allah (Glorified and Exalted is He) to judge between them. Whoever dies without repenting from an injustice, his case is left to Allah (Glorified and Exalted is He). However, if he gives it in charity, the heirs are saved from its evil, and its reward belongs to its owners.