A man died without writing his bequest because he was illiterate and did not know how to read or write, but he always verbally instructed his children and wife regarding what he owned.
Machine translationRead the Arabic original
The questioner : A question regarding the bequest: A man died without writing his bequest because he was illiterate and did not know how to read or write, but he always verbally instructed his children and wife regarding what he owned during his lifetime and divided it among them. Is this bequest accepted based on the testimony of the children, or was it obligatory for him to dictate his bequest on the day of his death or while he was dying? Please inform us; may Allah reward you.
The Shaykh : First, it must be known that a bequest is not valid for any of the heirs unless he bequeaths to each heir the amount of his right. This is a matter of confirmation, not an independent bequest. If such a bequest as mentioned in the question occurs—where he bequeaths verbally without it being written down and without witnesses being present—and the heirs acknowledge it after his death, then they must execute it, because they are admitting a liability upon themselves, and one who admits a liability upon himself is bound by his admission if he is competent to make such an admission.
Accordingly, any of the heirs who knows of the bequest must execute it, unless it exceeds one-third. If it exceeds one-third, the excess is left to the discretion of the heirs; if they wish, they may execute it, and if they wish, they may withhold it.
The questioner : Very well.
The Shaykh : Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
O my beloved brothers.
The Shaykh : First, it must be known that a bequest is not valid for any of the heirs unless he bequeaths to each heir the amount of his right. This is a matter of confirmation, not an independent bequest. If such a bequest as mentioned in the question occurs—where he bequeaths verbally without it being written down and without witnesses being present—and the heirs acknowledge it after his death, then they must execute it, because they are admitting a liability upon themselves, and one who admits a liability upon himself is bound by his admission if he is competent to make such an admission.
Accordingly, any of the heirs who knows of the bequest must execute it, unless it exceeds one-third. If it exceeds one-third, the excess is left to the discretion of the heirs; if they wish, they may execute it, and if they wish, they may withhold it.
The questioner : Very well.
The Shaykh : Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
O my beloved brothers.