What is your ruling on a woman who gave one of her sons money and said, “If I die, give it to your sisters and do not give any of it to your brothers”?

The questioner : An elderly woman passed away, and during her lifetime she spent on her children, giving them money, except for one of her sons and daughters. She told this son, gave him a trust, and said, “After I die, give it to your sisters and brothers.” No, because they took [their share]. This is the first part of the question. The second part is that she left a house, and she said the house should be rented out and its income spent as charity for her soul. I do not know what you think, O our Shaykh?

The Shaykh : She left nothing other than the house.

The questioner : The house and a little gold.

The Shaykh : If a bequest exceeds one-third, the amount exceeding one-third returns to the heirs. It appears that this house is likely the entire wealth she left, so her bequest is invalid and not effective. Likewise, when she specified the two children with that gift on the pretext that the other children had taken [their share], this also is not effective, and it is an invalid bequest. So if she died and the money was in her possession, it is the right of all the heirs.

The questioner: May Allah bless you.

Another questioner : Even if one of her children was righteous.

The Shaykh : Inheritance is not restricted to the righteous or the wicked; rather, it is a right that encompasses all the heirs.