A woman who has no husband or children, but has a brother and uncles, wrote that all she leaves behind is to be given as charity to the poor and needy after her death. Is this bequest permissible?
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The questioner : Noble Shaykh, a woman has no husband or children, but she has a brother and uncles. She wrote in her will that all the money she leaves behind after her death is to be given as charity to the poor and needy. Is this bequest permissible?
The Shaykh : This bequest is permissible on the condition that the heirs approve of it. If the heirs, namely her brother and uncles, approve of it, there is no harm. However, if her brother does not approve of it, he has the right to prevent any amount that exceeds one-third, because a bequest is not permissible in excess of one-third unless the heirs approve of it.
The Shaykh : This bequest is permissible on the condition that the heirs approve of it. If the heirs, namely her brother and uncles, approve of it, there is no harm. However, if her brother does not approve of it, he has the right to prevent any amount that exceeds one-third, because a bequest is not permissible in excess of one-third unless the heirs approve of it.