Is it permissible for a father to deprive his disobedient son of his inheritance?
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The questioner : He also says:The questioner : O our Shaykh, may Allah bless you, a man has...
The Shaykh : May Allah have mercy on you.
The questioner : He has a disobedient son who makes his father cry. He asks: Do I have the right to write a bequest excluding him from inheritance?
The Shaykh : I think Abu Faris asked this question a long time ago, but it seems he wants to record it. Perhaps we told you, at least once, that it is not permissible for a father to deprive his disobedient son of his inheritance. Because it is expected of every father to be a helper to his children in their dutifulness to him. The disobedient son is in need of his father's dutifulness and kindness toward him, so that perhaps he will be deterred and reform himself from his deviation from obedience to Allah and obedience to his father. After that, helping him is more appropriate. If he makes a bequest and deprives him, that will be a cause for enmity and hatred to fall, even after his death, if it did not happen before his death, between him and his other brothers. So the cause is... he is the unjust one in his bequest. And an unjust bequest is invalid in the Shari'ah in any case. Yes, that is right.
The questioner : Okay, O our Shaykh, what is the situation in which the owner of wealth, like a father, can prevent a family member from inheritance? Is there any situation?
The Shaykh : No.
The questioner : There is no situation.
The Shaykh : Not at all, except for debt.
The questioner : I mean, this one we say about him does not pray, does not fast, and so on, and steals from the house, O Shaykh.
The Shaykh : No problem, that is enough, my brother, he is going to give us a lecture. I tell you, if this son apostatizes, if he apostatizes from his religion, he does not inherit by the ruling of what? Difference in religion. This is well known, meaning a Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim. Yes, that is right.
The questioner : Since this man has placed this before me, I want to leave the space for my brothers, and then I will ask a question that requires a little time.
The Shaykh : May Allah have mercy on you.
The questioner : He has a disobedient son who makes his father cry. He asks: Do I have the right to write a bequest excluding him from inheritance?
The Shaykh : I think Abu Faris asked this question a long time ago, but it seems he wants to record it. Perhaps we told you, at least once, that it is not permissible for a father to deprive his disobedient son of his inheritance. Because it is expected of every father to be a helper to his children in their dutifulness to him. The disobedient son is in need of his father's dutifulness and kindness toward him, so that perhaps he will be deterred and reform himself from his deviation from obedience to Allah and obedience to his father. After that, helping him is more appropriate. If he makes a bequest and deprives him, that will be a cause for enmity and hatred to fall, even after his death, if it did not happen before his death, between him and his other brothers. So the cause is... he is the unjust one in his bequest. And an unjust bequest is invalid in the Shari'ah in any case. Yes, that is right.
The questioner : Okay, O our Shaykh, what is the situation in which the owner of wealth, like a father, can prevent a family member from inheritance? Is there any situation?
The Shaykh : No.
The questioner : There is no situation.
The Shaykh : Not at all, except for debt.
The questioner : I mean, this one we say about him does not pray, does not fast, and so on, and steals from the house, O Shaykh.
The Shaykh : No problem, that is enough, my brother, he is going to give us a lecture. I tell you, if this son apostatizes, if he apostatizes from his religion, he does not inherit by the ruling of what? Difference in religion. This is well known, meaning a Muslim does not inherit from a disbeliever, and a disbeliever does not inherit from a Muslim. Yes, that is right.
The questioner : Since this man has placed this before me, I want to leave the space for my brothers, and then I will ask a question that requires a little time.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.