Is a bequest to an heir valid, and is an oral bequest permissible in the presence of a lawyer and some of the heirs who are the beneficiaries? We request guidance on this matter.
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The questioner : This listener, whose name is abbreviated as S.A.M. from the Minya Governorate in the Arab Republic of Egypt, asks: Is a bequest to an heir valid, and is an oral bequest permissible in the presence of a lawyer and some of the heirs who are the beneficiaries? We request guidance on this matter.
The Shaykh : A bequest to an heir is invalid, not valid, and it is not permissible to execute it. The remaining heirs, to whom no bequest was made, have the right to invalidate this bequest. The evidence for this is from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), which clarify this. In the Noble Qur'an, when Allah mentioned the inheritance of ascendants and descendants, He said:[An-Nisa 4:11] His statement that it is a "prescribed portion" from Allah indicates that it is obligatory to follow this division which Allah the Exalted has taken upon Himself.
And He, Glorified and Exalted is He, said in the verses regarding the inheritance of spouses and maternal siblings:[An-Nisa 4:13-14] Thus, Allah the Exalted clarified that these prescribed shares are the limits of Allah, Mighty and Majestic, and He threatened those who transgress these limits.
And He, the Exalted, said in the verse regarding the collateral relatives, the full siblings or paternal siblings, at the end of it:[An-Nisa 4:176] This indicates that whatever contradicts this division is misguidance.
As for the Sunnah, the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) However, a person makes a bequest to his relatives who do not inherit, based on the saying of the Exalted: [Al-Baqarah 2:180] Thus, Allah the Exalted clarified that He has made a bequest to the parents and the close relatives obligatory, and that it is a right, and that it is among the signs of piety. But the one who is an heir among the parents or the close relatives is excluded from this bequest; it is not made for him. The rest remain under the ruling of this Noble Verse.
A bequest to a non-inheriting relative is better than a bequest in other matters, because some scholars said regarding this Noble Verse that it was not abrogated, but rather it is specific, and its ruling remains obligatory for non-inheriting relatives and parents. It is possible and conceivable that the parents might be non-inheriting if there is a barrier to inheritance between the child and the father or mother.
The important point is that a bequest to heirs is never permissible. As for non-inheriting relatives, a bequest to them is recommended, and even obligatory according to the opinion of some scholars, based on the Noble Verse. Yes.
The questioner : May Allah bless you.
The Shaykh : A bequest to an heir is invalid, not valid, and it is not permissible to execute it. The remaining heirs, to whom no bequest was made, have the right to invalidate this bequest. The evidence for this is from the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), which clarify this. In the Noble Qur'an, when Allah mentioned the inheritance of ascendants and descendants, He said:
Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
ءاباؤكم وأبناؤكم لا تدرون أيهم أقرب لكم نفعا فريضة من الله إن الله كان عليما حكيماAnd He, Glorified and Exalted is He, said in the verses regarding the inheritance of spouses and maternal siblings:
(13) These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. (14) And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
تلك حدود الله ومن يطع الله ورسوله يدخله جنات تجري من تحتها الأنهار خالدين فيها وذلك الفوز العظيم * ومن يعص الله ورسوله ويتعد حدوده يدخله نارا خالدا فيها وله عذاب مهينAnd He, the Exalted, said in the verse regarding the collateral relatives, the full siblings or paternal siblings, at the end of it:
Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يبيّن الله لكم أن تضلوا والله بكل شيء عليمAs for the Sunnah, the Prophet (peace and blessings be upon him) said:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله أعطى كل ذي حق حقه فلا وصية لوارثPrescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous.
كتب عليكم إذا حضر أحدكم الموت إن ترك خيرا الوصية للوالدين والأقربين بالمعروف حقا على المتقينA bequest to a non-inheriting relative is better than a bequest in other matters, because some scholars said regarding this Noble Verse that it was not abrogated, but rather it is specific, and its ruling remains obligatory for non-inheriting relatives and parents. It is possible and conceivable that the parents might be non-inheriting if there is a barrier to inheritance between the child and the father or mother.
The important point is that a bequest to heirs is never permissible. As for non-inheriting relatives, a bequest to them is recommended, and even obligatory according to the opinion of some scholars, based on the Noble Verse. Yes.
The questioner : May Allah bless you.