Definition of a bequest made while ill
Machine translationRead the Arabic original
Question: May Allah reward you, O honorable Shaykh, Abdul Aziz ibn Baz (may Allah preserve him). Amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
May Allah increase your benefit to us. Please inform us about a bequest made while ill; what is it? May Allah guide you to what He loves and is pleased with. And peace be upon you.
Answer: And upon you be peace and the mercy of Allah and His blessings. As for what follows:
A bequest made while ill is explained in several types:
One type is when one bequeaths more than one-third. In this case, the heirs are permitted not to execute the portion exceeding one-third.
Another type is when one bequeaths to some of the heirs but not to others. This bequest is not executed unless the remaining adult, sane heirs consent.
Another type is when one bequeaths to some of the heirs more than what he bequeaths to another heir. Its ruling is the same as the previous one. Similarly, if one makes a waqf (endowment) while ill that includes more than one-third, or to some of the heirs but not to others, this is the most correct opinion among the scholars.
The evidence for preventing the excess over one-third is what is established in the two Sahihs from the Prophet (peace and blessings be upon him) that he said to Sa'd ibn Abi Waqqas (may Allah be pleased with him) when he wanted to give away his wealth, or half of it, while ill. The Prophet (peace and blessings be upon him) said to him:. And the evidence for the last issues is the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2870Hasan Sahih (Al-Albani).
And I ask Allah to grant us and you understanding in His religion and steadfastness upon it; indeed, He is the All-Hearing, the Near.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah’s mercy and blessings, and after that:
May Allah increase your benefit to us. Please inform us about a bequest made while ill; what is it? May Allah guide you to what He loves and is pleased with. And peace be upon you.
Answer: And upon you be peace and the mercy of Allah and His blessings. As for what follows:
A bequest made while ill is explained in several types:
One type is when one bequeaths more than one-third. In this case, the heirs are permitted not to execute the portion exceeding one-third.
Another type is when one bequeaths to some of the heirs but not to others. This bequest is not executed unless the remaining adult, sane heirs consent.
Another type is when one bequeaths to some of the heirs more than what he bequeaths to another heir. Its ruling is the same as the previous one. Similarly, if one makes a waqf (endowment) while ill that includes more than one-third, or to some of the heirs but not to others, this is the most correct opinion among the scholars.
The evidence for preventing the excess over one-third is what is established in the two Sahihs from the Prophet (peace and blessings be upon him) that he said to Sa'd ibn Abi Waqqas (may Allah be pleased with him) when he wanted to give away his wealth, or half of it, while ill. The Prophet (peace and blessings be upon him) said to him:
A third, and a third is a lot.
الثلث والثلث كثيرAllah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارثAnd I ask Allah to grant us and you understanding in His religion and steadfastness upon it; indeed, He is the All-Hearing, the Near.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.