Is a bequest to an heir valid?
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The questioner : May Allah reward you. This person says: "I assist my father in his business, and before his death he bequeathed to me to take such and such an amount of money and not to inform anyone. Should I take this money?"
The Shaykh : Do not take this money except with the consent of the heirs, because the Prophet (peace and blessings be upon him) said:. However, the issue mentioned by the questioner occurs frequently in reality. Some children work with their father in trade or agriculture, while their other siblings have no involvement in it. Does the work of the one who toils with his father go to waste? Or what?
We say: If the son intended to donate and to be dutiful to his father, he does not deserve to take anything from the money, because the reward he will have in the Hereafter is better than the entire world.
As for if he wants compensation, he must agree with the father on something, such as giving him a monthly salary as if he were one of the people, or giving him a share in the trade as if he were one of the people. If he gives him a monthly salary as if he were one of the people, or a share in the trade, there is no preference in this, because it is in exchange for what? It is in exchange for work. It is not proper for his brothers, who have no connection to his father's shop or farm, to be equal to him in what he deserves from this money. But as for the father, he must agree with him on a specific thing. Yes.
The Shaykh : Do not take this money except with the consent of the heirs, because the Prophet (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثWe say: If the son intended to donate and to be dutiful to his father, he does not deserve to take anything from the money, because the reward he will have in the Hereafter is better than the entire world.
As for if he wants compensation, he must agree with the father on something, such as giving him a monthly salary as if he were one of the people, or giving him a share in the trade as if he were one of the people. If he gives him a monthly salary as if he were one of the people, or a share in the trade, there is no preference in this, because it is in exchange for what? It is in exchange for work. It is not proper for his brothers, who have no connection to his father's shop or farm, to be equal to him in what he deserves from this money. But as for the father, he must agree with him on a specific thing. Yes.