A wealthy woman distributed her wealth among her sons during her lifetime, leaving her with only two bracelets.
Machine translationRead the Arabic original
The Shaykh : Why?
The questioner : I have some questions.
The Shaykh : No, just one of the questions.
The questioner : Just one.
The Shaykh: Yes.
The questioner : Okay, a question that revolves around, well, a very short story. There is a wealthy woman who has, well, wealth in this world, and Allah has made it lawful for her. She distributed it while she was still alive among all her sons, is that clear?
The Shaykh : Clear so far.
The questioner: Yes.
The Shaykh : As for what comes after, I do not know.
The questioner : Yes, so nothing remained of her estate or her wealth except two gold bracelets; she had two bracelets, I mean.
The Shaykh : Yes.
The questioner : Naturally, the woman was alive and living with her son, and her son was married and had a wife living with them. So this son started trying to persuade her, saying to her: “Oh my mother, you are old in age,” and she was indeed old, yes. He said to her: “What do you think about these two bracelets? Why don’t you give them to my wife?” She said: “Since I am still alive, I will not give them. If I die, then she can take them.” She died. So, does this wife, who is the wife of the woman’s son, have the right to take the bracelets without informing, I mean, the daughters and sons?
The Shaykh : If she has witnesses to this statement, then it is a bequest that must be executed.
The questioner : Yes.
The Shaykh : And since she did not bequeath the bracelets to her son, had she bequeathed them to her son, it would have been an unjust bequest.
The questioner : Yes.
The Shaykh : As for a bequest to the daughter-in-law, we know what exists between the protection and the daughter-in-law, so it is permissible to execute this bequest after it is established according to the Shari'ah.
The questioner: Yes.
The Shaykh : And that is all.
The questioner : The witnesses must be present, I mean.
The Shaykh : Not absent.
The questioner : But the only one who heard it was her son, her son, no one else.
The Shaykh : That is not sufficient.
The questioner : That is not sufficient.
The Shaykh: No.
The questioner : Then it belongs to her sisters and brothers, I mean.
The Shaykh: Yes.
The questioner : The original ruling is that it should be returned.
The Shaykh : It returns to the heirs.
The questioner : Yes. Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : ... .
The Shaykh: Yes.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my uncle, may Allah keep you well?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah give you health.
The questioner : I have some questions.
The Shaykh : No, just one of the questions.
The questioner : Just one.
The Shaykh: Yes.
The questioner : Okay, a question that revolves around, well, a very short story. There is a wealthy woman who has, well, wealth in this world, and Allah has made it lawful for her. She distributed it while she was still alive among all her sons, is that clear?
The Shaykh : Clear so far.
The questioner: Yes.
The Shaykh : As for what comes after, I do not know.
The questioner : Yes, so nothing remained of her estate or her wealth except two gold bracelets; she had two bracelets, I mean.
The Shaykh : Yes.
The questioner : Naturally, the woman was alive and living with her son, and her son was married and had a wife living with them. So this son started trying to persuade her, saying to her: “Oh my mother, you are old in age,” and she was indeed old, yes. He said to her: “What do you think about these two bracelets? Why don’t you give them to my wife?” She said: “Since I am still alive, I will not give them. If I die, then she can take them.” She died. So, does this wife, who is the wife of the woman’s son, have the right to take the bracelets without informing, I mean, the daughters and sons?
The Shaykh : If she has witnesses to this statement, then it is a bequest that must be executed.
The questioner : Yes.
The Shaykh : And since she did not bequeath the bracelets to her son, had she bequeathed them to her son, it would have been an unjust bequest.
The questioner : Yes.
The Shaykh : As for a bequest to the daughter-in-law, we know what exists between the protection and the daughter-in-law, so it is permissible to execute this bequest after it is established according to the Shari'ah.
The questioner: Yes.
The Shaykh : And that is all.
The questioner : The witnesses must be present, I mean.
The Shaykh : Not absent.
The questioner : But the only one who heard it was her son, her son, no one else.
The Shaykh : That is not sufficient.
The questioner : That is not sufficient.
The Shaykh: No.
The questioner : Then it belongs to her sisters and brothers, I mean.
The Shaykh: Yes.
The questioner : The original ruling is that it should be returned.
The Shaykh : It returns to the heirs.
The questioner : Yes. Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : ... .
The Shaykh: Yes.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, my uncle, may Allah keep you well?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah give you health.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.