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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a bequest that deprives some heirs of their inheritance

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Question:
He has a final question, which says: A man, before he passed away, wrote that all his wealth belongs to his daughters only, with the intention of depriving his other heirs. Is what this man did permissible or not? And if it is not permissible, what is to be done with his estate?

Answer:
If he bequeathed the wealth to his daughters or to some of his heirs, the bequest is invalid; because the Messenger of Allah (peace and blessings be upon him) said:
Allah 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 لوارث
Sunan Abi Dawud 2870Hasan Sahih (Al-Albani)
So no one may bequeath wealth to some of the heirs, whether daughters or otherwise. Rather, the wealth belongs to all of them. As for if he bequeaths one-third, or less, to non-heirs, that is valid. He may bequeath one-third or less, but to non-heirs. If this is established by fair testimony, it is executed. As for if he bequeaths to his wife, or a woman bequeaths to her husband, or to her father, or to her mother, or to her daughters, or a husband bequeaths to his mother, or to his father, or to any other of the heirs, no, that is not valid. One does not bequeath to an heir, ever, not a little and not a lot. Rather, Allah (Exalted and Majestic is He) has divided the wealth among them, so it is obligatory that the ruling of Allah remain for them in that matter, and it is not permissible for a Muslim to bequeath anything to the heirs.
However, if he gave to them while he was in good health, if he gave his daughters some of his wealth while he was in good health and sound mind, and he has no other children, only daughters, or if he gave to all his children and equalized among them while he was in good health, dividing it among them, then this is valid, and no one has the right to object to it if it was done in good health, not in illness. It is not a bequest. For example, if he had two daughters and a son while in good health, and he gave them, for instance, lands, or houses, or money, and divided it among them, there is no harm, no blame. He equalized among them, no blame.
for the male, what is equal to the share of two femalesلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ
[al-Nisa: 11] Or if he has a wife and gave her a house while in good health, or gave her land, or a car, there is no harm. Or if he gave to some of his other relatives who are heirs, he gave to some of his brothers who are heirs while in good health, there is no harm. Yes.

The presenter: May Allah reward you and give you reward.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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