She says: I used to serve my father in his health and in his illness more than anyone else in the family. During his illness and before his death, one of my brothers told him, “Your wife will drive us out of the house if you pass away, God forbid.”

The questioner : She says: I used to serve my father in his health and in his illness more than anyone else in the family. During his illness and before his death, one of my brothers told him, “Your wife will drive us out of the house if you pass away, God forbid.” When his illness became severe, he bequeathed one-third of the house to me, based on a document authenticated by the official authorities and supported by a medical report confirming that he was of sound mind. The will states that he bequeaths one-third of his house, of his own free will and desire, to his daughter, who is the questioner, in return for her service, her efforts, and her care for him, and that no one coerced him into it. After my father’s death, I married with my brothers’ consent. After my marriage, some of my brothers and my father’s wife began asking me to renounce the will and not carry it out, telling me, “If you had been married before your father’s death, he would not have bequeathed to you what he did. And since you have married now, you have no right to it. If you carry out the will, your father will be held accountable before Allah and punished as a result of this bequest, and you will lose the reward for your service to him.” Please advise us: Is my father’s action contrary to the Shari'ah? And if the will is carried out, will Allah hold him accountable for this bequest and will he sin because of it? Please advise us. May Allah reward you with good and reward you?

The Shaykh : A man’s bequest to one of his heirs is forbidden, because Allah (Glorified and Exalted is He) has made inheritance obligatory and explained it, saying: regarding the inheritance of ancestors and descendants. And He said regarding the inheritance of spouses and full siblings: And He said regarding the inheritance of siblings in the end of Surat al-Nisa: And the Prophet (peace and blessings be upon him) said: So this bequest, your father’s bequest to you in return for your service, is an unjust bequest that is not permissible to carry out. However, if the heirs have agreed to it after your father’s death, it is considered valid because of their approval of it, and in that case, they have no right to retract their agreement afterward or demand that you return this bequest. But if you see it in your interest to renounce it in order to prevent what may arise of difficulty and hatred between you and your brothers, then that is better and more desirable. Yes.

The questioner : This is a message from the questioner, S. J., from the Sultanate of Oman.