What is the ruling on one who says to another: If I die, the money in your possession from my wealth is lawful for you, and I have forgiven you in it?
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The Shaykh : For example, she has in her hand one hundred dinars, one thousand dinars, ten thousand; the number is not important!
The questioner: Yes.
The Shaykh : This money, he said to her, in two scenarios here: one is that she owns the money, the other is that she does not own it. The one she owns is if he said to her: This money in your hand, I have forgiven you in it, and it is yours!
The questioner: Yes.
The Shaykh : This has become her money.
The questioner: Yes.
The Shaykh : If in the second scenario she said: If I die, then whatever remains with you is yours, this is a bequest, and this is not permissible.
The questioner : This is what I understood.
The Shaykh : Is that so, is it clear?
The questioner: Yes.
The Shaykh : So the land is the right of all the heirs, there is no problem.
The questioner : There is no problem.
The Shaykh : This money, if he actually forgave her in it, such that if he lived after forgiving her for a year or two, he has no right to dispose of this money except with his permission.
The questioner: Yes.
The Shaykh : If it is like this, it is lawful for her.
The questioner: Yes.
The Shaykh : But if he said: This money is mine, and if I die and something of it remains with you, it is lawful for you, then this is an unjust bequest, and it is not permissible for her to own even a single qirsh of it. Is the difference clear to you?
The questioner : This is clear now.
The Shaykh : Praise be to Allah.
The questioner : She means, is she now convinced?
The Shaykh : The issue of the land, she is convinced.
The questioner : Ah, the money?
The Shaykh : The money, if it is as I told you now: he forgave her immediately, then it is her right. If he said: No, if I die, then whatever remains of the money is yours, then this is a bequest, so it is not permissible.
The questioner : My master, the Shaykh, what I understood from her is that he said to her: After my death, if anything remains after the operation, after the hospital, I forgive you in it in this world and the hereafter. But the woman tells you, I spoke to him, but the woman has fear of Allah, and she is afraid of the lawful and the forbidden, and she is afraid of being cut off, she has no support except the qirsh she has with her.
The Shaykh : Yes, the end does not justify the means, meaning that she is poor and afraid and so on, this does not make the forbidden lawful.
The questioner: Yes.
The Shaykh : This does not make the forbidden lawful, but the important thing is if the man forgave her immediately and lived after that for whatever time he lived, days, weeks, months, years, this money is hers.
The questioner: Yes.
The Shaykh : It is not permissible for him to dispose of a single qirsh except with her permission.
The questioner: Yes.
The Shaykh : So this is if he forgave her and the money is in her hand.
The questioner : Yes, yes, understood.
The Shaykh : But if he said to her: I own this money and I dispose of it as I wish, then whatever remains after my death is yours, then this is not permissible.
The questioner : It is like this that he reported it.
The Shaykh : Did he say this to her?
The questioner : He said it like this.
The Shaykh : Strange!
The questioner : She said: After I die, this is a forgiveness in it, it is lawful for you, it is for you, I mean.
The questioner: Yes.
The Shaykh : This money, he said to her, in two scenarios here: one is that she owns the money, the other is that she does not own it. The one she owns is if he said to her: This money in your hand, I have forgiven you in it, and it is yours!
The questioner: Yes.
The Shaykh : This has become her money.
The questioner: Yes.
The Shaykh : If in the second scenario she said: If I die, then whatever remains with you is yours, this is a bequest, and this is not permissible.
The questioner : This is what I understood.
The Shaykh : Is that so, is it clear?
The questioner: Yes.
The Shaykh : So the land is the right of all the heirs, there is no problem.
The questioner : There is no problem.
The Shaykh : This money, if he actually forgave her in it, such that if he lived after forgiving her for a year or two, he has no right to dispose of this money except with his permission.
The questioner: Yes.
The Shaykh : If it is like this, it is lawful for her.
The questioner: Yes.
The Shaykh : But if he said: This money is mine, and if I die and something of it remains with you, it is lawful for you, then this is an unjust bequest, and it is not permissible for her to own even a single qirsh of it. Is the difference clear to you?
The questioner : This is clear now.
The Shaykh : Praise be to Allah.
The questioner : She means, is she now convinced?
The Shaykh : The issue of the land, she is convinced.
The questioner : Ah, the money?
The Shaykh : The money, if it is as I told you now: he forgave her immediately, then it is her right. If he said: No, if I die, then whatever remains of the money is yours, then this is a bequest, so it is not permissible.
The questioner : My master, the Shaykh, what I understood from her is that he said to her: After my death, if anything remains after the operation, after the hospital, I forgive you in it in this world and the hereafter. But the woman tells you, I spoke to him, but the woman has fear of Allah, and she is afraid of the lawful and the forbidden, and she is afraid of being cut off, she has no support except the qirsh she has with her.
The Shaykh : Yes, the end does not justify the means, meaning that she is poor and afraid and so on, this does not make the forbidden lawful.
The questioner: Yes.
The Shaykh : This does not make the forbidden lawful, but the important thing is if the man forgave her immediately and lived after that for whatever time he lived, days, weeks, months, years, this money is hers.
The questioner: Yes.
The Shaykh : It is not permissible for him to dispose of a single qirsh except with her permission.
The questioner: Yes.
The Shaykh : So this is if he forgave her and the money is in her hand.
The questioner : Yes, yes, understood.
The Shaykh : But if he said to her: I own this money and I dispose of it as I wish, then whatever remains after my death is yours, then this is not permissible.
The questioner : It is like this that he reported it.
The Shaykh : Did he say this to her?
The questioner : He said it like this.
The Shaykh : Strange!
The questioner : She said: After I die, this is a forgiveness in it, it is lawful for you, it is for you, I mean.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.