Is a bequest valid if it is oral, and the testator cannot read or write and has no wealth to bequeath?
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The questioner : Another question: some people ask about the legal bequest, saying, "I am a man, for example, who cannot write or read."
The Shaykh : Yes.
The questioner : And he has no money now. He says, "If I make an oral bequest with my words, telling them to fear Allah and do good deeds, and I do not want to write it or put this bequest under my pillow or something like that, is that sufficient according to the Sunnah?"
The Shaykh : If he has no rights owed to him and no rights owed by others, and he does not know that his heirs are in need of a written bequest, and he is content in this situation with this oral bequest as you mentioned, with these conditions and restrictions, then it is permissible.
The questioner: Yes.
The Shaykh : Yes.
The questioner : And he has no money now. He says, "If I make an oral bequest with my words, telling them to fear Allah and do good deeds, and I do not want to write it or put this bequest under my pillow or something like that, is that sufficient according to the Sunnah?"
The Shaykh : If he has no rights owed to him and no rights owed by others, and he does not know that his heirs are in need of a written bequest, and he is content in this situation with this oral bequest as you mentioned, with these conditions and restrictions, then it is permissible.
The questioner: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
