What is the ruling on executing a bequest that contradicts the Shari'ah?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful, and may Allah send prayers and peace upon our master Muhammad, and upon his family and his companions.
Your Eminence, this question is directed to you: A man bequeathed to his eldest son before he died that he should not marry off his younger sisters until they graduate from university, because men today are not to be trusted; they marry women and divorce them whenever they wish, so the woman ends up with no power or strength. If she studies and graduates from university, and if separation occurs between her and her husband, she can get a job and become independent of asking people for help. After the father died and his sisters grew up, he feared fitnah (trial, discord or temptation) for his sisters in entering university due to the presence of free mixing of men and women, corruption, and the like. Is it permissible for him not to execute his father's bequest? And if the answer is yes, what do you say about the saying of Allah the Exalted:[Al-Baqarah 2:181]? May Allah reward you with good.
The Shaykh : Yes, I say this is a bequest that has no standing and is not to be acted upon. Rather, whenever a suitable suitor proposes to the woman and she is pleased with him, he should marry her, and there is no standing to her father's bequest. As for the saying of Allah the Exalted:[Al-Baqarah 2:181], the intended meaning is the valid bequest. As for anything else, Allah the Exalted said: [Al-Baqarah 2:182] And this is undoubtedly a deviation. A young woman wants to marry, and we say no, not until she graduates from university! And we do not know, perhaps she will fail two or three times and remain for years. The important thing is that this is an unjust bequest that is not to be executed. Yes.
The questioner : Your Eminence, peace be upon you and Allah's mercy, peace be upon you and Allah's mercy and blessings.
The Shaykh : Peace be upon the one who came forward, my brother.
The questioner : What is your opinion, Your Eminence, regarding my divorcing my wife with three divorces...
The Shaykh : What?
The questioner : What is your opinion, Your Eminence, regarding my divorcing my wife with three divorces at once, and I was in the car, and after my divorce... her father took forty thousand from the mahr (the bridal gift).
The Shaykh : This is a private question, call us later. Yes, indeed.
The questioner : ...
The Shaykh : Yes, indeed, the question is only suitable for a private conversation.
Your Eminence, this question is directed to you: A man bequeathed to his eldest son before he died that he should not marry off his younger sisters until they graduate from university, because men today are not to be trusted; they marry women and divorce them whenever they wish, so the woman ends up with no power or strength. If she studies and graduates from university, and if separation occurs between her and her husband, she can get a job and become independent of asking people for help. After the father died and his sisters grew up, he feared fitnah (trial, discord or temptation) for his sisters in entering university due to the presence of free mixing of men and women, corruption, and the like. Is it permissible for him not to execute his father's bequest? And if the answer is yes, what do you say about the saying of Allah the Exalted:
Then whoever alters the bequest after he has heard it - the sin is only upon those who have altered it
فمن بدّله بعدما سمعه فإنّما إثمه على الذين يبدّلونهThe Shaykh : Yes, I say this is a bequest that has no standing and is not to be acted upon. Rather, whenever a suitable suitor proposes to the woman and she is pleased with him, he should marry her, and there is no standing to her father's bequest. As for the saying of Allah the Exalted:
Then whoever alters the bequest after he has heard it
فمن بدّله بعدما سمعهBut if one fears from the bequeather [some] error or sin and corrects that which is between them, there is no sin upon him
فمن خاف من موصٍ جنفا أو إثما فأصلح بينهم فلا إثم عليهThe questioner : Your Eminence, peace be upon you and Allah's mercy, peace be upon you and Allah's mercy and blessings.
The Shaykh : Peace be upon the one who came forward, my brother.
The questioner : What is your opinion, Your Eminence, regarding my divorcing my wife with three divorces...
The Shaykh : What?
The questioner : What is your opinion, Your Eminence, regarding my divorcing my wife with three divorces at once, and I was in the car, and after my divorce... her father took forty thousand from the mahr (the bridal gift).
The Shaykh : This is a private question, call us later. Yes, indeed.
The questioner : ...
The Shaykh : Yes, indeed, the question is only suitable for a private conversation.