A man died leaving five sons and three daughters, including a son and a daughter from another wife. He left an inheritance for all of them and left a specific amount for these two, the son and the daughter.

The questioner : A man died leaving five sons and three daughters, including a son and a daughter from another wife. He left an inheritance for all of them and left a specific amount for these two, the son and the daughter, in their names, equivalent to one-third of the estate, knowing that their age does not exceed five years. He left this money as a deposit with his nephew. One of the deceased’s adult sons then invalidated the bequest left with this money, claiming that he knows a hadith from the Messenger of Allah (peace and blessings be upon him) in which he says: They asked one of the scholars there, and he said it is obligatory that the money remain with the depositary until the minors reach maturity. They asked another, and he said it is obligatory that this one-third be added to the entire inheritance and distributed among all the heirs. What is the Shari'ah ruling in this matter, and what is understood from the noble hadith: ?

The Shaykh : This bequest is not valid; it is invalid because Allah (Glorified and Exalted is He) has divided the inheritance and said: Thus He concluded the verse regarding the inheritance of ancestors and descendants, and this includes the issue mentioned by the questioner. Allah the Exalted has prescribed the inheritance for the children, so it is not permissible for us to transgress what Allah (Glorified and Exalted is He) has prescribed. The Prophet (peace and blessings be upon him) affirmed this in his saying: Therefore, this bequest by the father to his two young sons, to the exclusion of his other children, is an invalid and forbidden bequest. Yes, if it is established that this money came to these two sons through a means other than the father, such as if they inherited it or it was gifted to them directly, then if this is established, it belongs to them and is not a bequest from their father. But if it is a bequest from the father, to be taken from the father’s remaining estate, then it is an invalid bequest, and the other heirs have the right to invalidate this bequest and return this money to the estate to be divided among them according to the Book of Allah the Exalted. However, I see that it is better to carry out their father’s bequest, especially since these two brothers are young, and they are a place for mercy, because if they are young, they are orphans, and Allah the Exalted has commanded kindness to orphans. My opinion is that the other heirs should allow this bequest to proceed, so that there is dutifulness to the father in that they agreed with his wish, and because it is kindness to these orphans. Yes.

The questioner : May Allah reward you.
This is a message from the questioner Ja'far from Buraydah in the Qassim region.