What is the ruling on a bequest if it is not formalized or written, and the person only bequeathed it to a trustworthy man?
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The questioner : O Shaykh, may Allah reward you. Regarding the bequest, a man made a bequest during his final illness, and his family did not know about it. He bequeathed it to a trustworthy man.
The Shaykh : Huh?
The questioner : A man.
The Shaykh : He bequeathed an old bequest.
The questioner : No, he made a bequest at the end of his life to a trustworthy man, but his family does not know about the bequest. What is the ruling in this case, given that it does not exceed the legal limit for a bequest?
The Shaykh : Do you mean that it was not established?
The questioner : It was not established in writing.
The Shaykh : It was not established in writing or by witnesses?
The questioner : And not by witnesses, except for this man, I mean.
The Shaykh : Does the witness say that it is for him, or not?
The questioner : No, he...
The Shaykh : Does the witness say, "He bequeathed to me such and such"?
The questioner : No, it is not for himself. He bequeathed to a well-known Shaykh who is trustworthy, to act on his behalf in matters within a specific amount, for example, ten thousand.
The Shaykh : Yes.
The questioner : from...
The Shaykh : So he bequeathed to this person?
The questioner : Yes.
The Shaykh : To distribute, for example, ten thousand.
The questioner : Yes.
The Shaykh : If the heirs believe him, there is no harm. If they deny him, then it is not established.
The questioner : It is not established?
The Shaykh : Be patient. But is it permissible for them to deny him, or not?
If they know that he is trustworthy, they will not deny him, but they are not obligated to believe him. However, we say: if they know that he is trustworthy, let them execute the bequest. But if they doubt this matter, thinking that this man is a friend of the deceased and they fear that he said this out of favor to the deceased, they are not obligated to believe him.
The Shaykh : Huh?
The questioner : A man.
The Shaykh : He bequeathed an old bequest.
The questioner : No, he made a bequest at the end of his life to a trustworthy man, but his family does not know about the bequest. What is the ruling in this case, given that it does not exceed the legal limit for a bequest?
The Shaykh : Do you mean that it was not established?
The questioner : It was not established in writing.
The Shaykh : It was not established in writing or by witnesses?
The questioner : And not by witnesses, except for this man, I mean.
The Shaykh : Does the witness say that it is for him, or not?
The questioner : No, he...
The Shaykh : Does the witness say, "He bequeathed to me such and such"?
The questioner : No, it is not for himself. He bequeathed to a well-known Shaykh who is trustworthy, to act on his behalf in matters within a specific amount, for example, ten thousand.
The Shaykh : Yes.
The questioner : from...
The Shaykh : So he bequeathed to this person?
The questioner : Yes.
The Shaykh : To distribute, for example, ten thousand.
The questioner : Yes.
The Shaykh : If the heirs believe him, there is no harm. If they deny him, then it is not established.
The questioner : It is not established?
The Shaykh : Be patient. But is it permissible for them to deny him, or not?
If they know that he is trustworthy, they will not deny him, but they are not obligated to believe him. However, we say: if they know that he is trustworthy, let them execute the bequest. But if they doubt this matter, thinking that this man is a friend of the deceased and they fear that he said this out of favor to the deceased, they are not obligated to believe him.