Ruling on bequeathing more than one-third to the poor and needy
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The honorable Shaykh, a woman has no husband and no children, but she has a brother and uncles. She wrote in her will that all the money she leaves behind after her death is to be given as voluntary charity to the poor and the needy. Is this will permissible?
This will is permissible on the condition: It is permissible if the heirs approve of it. If the heirs approve, and her brother is the residuary heir, if her brother approves of this will, there is nothing wrong with it. If he does not approve, he has the right to prevent what exceeds one-third, because a will is not permissible for more than one-third unless the heirs approve.
This will is permissible on the condition: It is permissible if the heirs approve of it. If the heirs approve, and her brother is the residuary heir, if her brother approves of this will, there is nothing wrong with it. If he does not approve, he has the right to prevent what exceeds one-third, because a will is not permissible for more than one-third unless the heirs approve.