Are the children of daughters excluded from an endowment?
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Question: From S. A. A. to the presence of His Eminence the Shaykh, Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him and bestow His blessings upon him). Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
May Allah guide us and you to beneficial knowledge and righteous deeds.
What is your opinion regarding one who makes a bequest and an endowment, and excludes the children of daughters? Some bequeath all that they leave behind as an endowment and exclude the children of daughters. Is the endowment valid and the exclusion established? What is the evidence of those who permit such an endowment? I have seen harsh words from the Imam of the Dawah, the Shaykh Muhammad ibn 'Abd al-Wahhab (may Allah have mercy on him), in which he invalidated it. The people have persisted in such endowments, and some scholars of this time permit them and register them.
So I ask your eminence, as long as you are guided to impart knowledge and act upon it, to clarify this; because it is confusing to me. May Allah assist you and keep us and you firm, and not let our hearts deviate after He has guided us; He is the Near, the Responsive. O Allah, send blessings upon Muhammad.
Answer: The closest view to me is that excluding the children of daughters from an endowment is not permissible, but I am hesitant in issuing a ruling; because excluding them is a deviation and invalid. For this reason, I delayed the answer hoping to find something in the words of the scholars that would remove the difficulty. However, due to the many engagements and the tight schedule of your brother, it has not been possible for me to conduct sufficient review of the scholars' words, and I have not found what would reassure the heart to rule on the invalidity of an endowment that excludes the children of daughters. I ask Allah to grant us and you and all Muslims understanding in His religion, and to protect us all from the evils of our souls and the badness of our deeds; He is the Hearing, the Near.
Peace be upon you, and Allah's mercy and blessings. After that:
May Allah guide us and you to beneficial knowledge and righteous deeds.
What is your opinion regarding one who makes a bequest and an endowment, and excludes the children of daughters? Some bequeath all that they leave behind as an endowment and exclude the children of daughters. Is the endowment valid and the exclusion established? What is the evidence of those who permit such an endowment? I have seen harsh words from the Imam of the Dawah, the Shaykh Muhammad ibn 'Abd al-Wahhab (may Allah have mercy on him), in which he invalidated it. The people have persisted in such endowments, and some scholars of this time permit them and register them.
So I ask your eminence, as long as you are guided to impart knowledge and act upon it, to clarify this; because it is confusing to me. May Allah assist you and keep us and you firm, and not let our hearts deviate after He has guided us; He is the Near, the Responsive. O Allah, send blessings upon Muhammad.
Answer: The closest view to me is that excluding the children of daughters from an endowment is not permissible, but I am hesitant in issuing a ruling; because excluding them is a deviation and invalid. For this reason, I delayed the answer hoping to find something in the words of the scholars that would remove the difficulty. However, due to the many engagements and the tight schedule of your brother, it has not been possible for me to conduct sufficient review of the scholars' words, and I have not found what would reassure the heart to rule on the invalidity of an endowment that excludes the children of daughters. I ask Allah to grant us and you and all Muslims understanding in His religion, and to protect us all from the evils of our souls and the badness of our deeds; He is the Hearing, the Near.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.