What is your opinion regarding the obligatory bequest, which is allocating a portion of wealth to the children of a deceased son?
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The questioner : Well, what is your opinion, O Shaykh, regarding the obligatory bequest?
The Shaykh : The obligatory bequest, what is my opinion regarding what?
The questioner : Regarding its ruling. Is it currently practiced in some Muslim countries? If a man dies, O Shaykh, and he has sons, and one of the sons died before the father, and this son also had sons, then naturally they do not inherit from him because he died. Al-Azhar has issued a ruling, and it is practiced in the land of Muslims, that...
The Shaykh : But you mentioned, may Allah bless you, the bequest. Where is the bequest here?
The questioner : The bequest is that a sum, for example, one million riyals, is given. One-third of the wealth is taken as the bequest, so it becomes obligatory.
The Shaykh : Who made the bequest, my brother?
Another questioner : We have the system, O Shaykh.
The Shaykh : I know the law mandates this. As the inheritance system states, no, but it uses the term "bequest." This deceased person did not make a bequest, but the law imposes this on the wealth. There is a great difference between the two. You are speaking about the grandfather and the grandson. If the grandfather made a bequest, then his bequest must be executed, of course, under the known conditions. He is entitled to one-third of his bequest, and as you know, one-third is a lot. The question, in my opinion, is well known, but the term "bequest" is not applicable here, because there is no bequest here. However, the law makes the matter as if he had made a bequest, whereas he did not.
The Shaykh : The obligatory bequest, what is my opinion regarding what?
The questioner : Regarding its ruling. Is it currently practiced in some Muslim countries? If a man dies, O Shaykh, and he has sons, and one of the sons died before the father, and this son also had sons, then naturally they do not inherit from him because he died. Al-Azhar has issued a ruling, and it is practiced in the land of Muslims, that...
The Shaykh : But you mentioned, may Allah bless you, the bequest. Where is the bequest here?
The questioner : The bequest is that a sum, for example, one million riyals, is given. One-third of the wealth is taken as the bequest, so it becomes obligatory.
The Shaykh : Who made the bequest, my brother?
Another questioner : We have the system, O Shaykh.
The Shaykh : I know the law mandates this. As the inheritance system states, no, but it uses the term "bequest." This deceased person did not make a bequest, but the law imposes this on the wealth. There is a great difference between the two. You are speaking about the grandfather and the grandson. If the grandfather made a bequest, then his bequest must be executed, of course, under the known conditions. He is entitled to one-third of his bequest, and as you know, one-third is a lot. The question, in my opinion, is well known, but the term "bequest" is not applicable here, because there is no bequest here. However, the law makes the matter as if he had made a bequest, whereas he did not.
Source
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The Arabic text is copied verbatim from the original source, without any edits.