What is the difference between saying, "I have waived my share of the inheritance," and taking it and then saying, "Give it to the heirs"?
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The questioner : ... What is the difference ... between saying, "I have waived my share of the inheritance," and taking it and then saying, "Give it to the heirs"? It is not ... .
The Shaykh : Yes, yes. Saying "I have waived it" is not the same as saying "I do not want the inheritance."
The questioner : ... .
The Shaykh : No, because he may waive his share in favor of one of the heirs, or in favor of some of the heirs but not others. If he says, "I am waiving my right to the heirs," it is distributed according to the rules of inheritance. But if he says, "To so-and-so and so-and-so," it is not. 'Umar.
The Shaykh : Yes, yes. Saying "I have waived it" is not the same as saying "I do not want the inheritance."
The questioner : ... .
The Shaykh : No, because he may waive his share in favor of one of the heirs, or in favor of some of the heirs but not others. If he says, "I am waiving my right to the heirs," it is distributed according to the rules of inheritance. But if he says, "To so-and-so and so-and-so," it is not. 'Umar.