On the saying of Allah the Exalted: “And when those who are nearest of kin and the orphans are present at the division…”
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The questioner : Regarding the saying of Allah the Exalted: [An-Nisa 4:8] We said that the relatives are given from it. And in His saying: [Al-Baqarah 2:180] a bequest is made for them. So when are they given?
The Shaykh : A bequest is made for them if they are present, but the one who is given when present is not given a large amount.
And when [other] relatives and orphans
وإذا حضر القسمة أولي القربى واليتامى ...Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest
كتب عليكم إذا حضر أحدكم الموت إن ترك خيرا الوصية ...The Shaykh : A bequest is made for them if they are present, but the one who is given when present is not given a large amount.
