Ruling on executing a bequest that is not established in writing or by witnesses
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A man made a bequest in his final illness to a trustworthy man, but his family did not know about the bequest because it was not established in writing or by witnesses, except by the beneficiary. What is the ruling in this case, knowing that the bequest does not exceed the limit prescribed by the Shari'ah?
If the heirs accept his testimony, there is nothing wrong with it. If they deny it, then it is not established.
But is it permissible for them to deny it or not? If they know that he is trustworthy, they should not deny it, but they are not obligated to accept it.Rather, we say: If they know that he is trustworthy, let them execute the bequest. However, if they doubt this matter, such as if this man was a friend of the deceased and they fear that he said this out of favor to the deceased, they are not obligated to accept it.
If the heirs accept his testimony, there is nothing wrong with it. If they deny it, then it is not established.
But is it permissible for them to deny it or not? If they know that he is trustworthy, they should not deny it, but they are not obligated to accept it.Rather, we say: If they know that he is trustworthy, let them execute the bequest. However, if they doubt this matter, such as if this man was a friend of the deceased and they fear that he said this out of favor to the deceased, they are not obligated to accept it.