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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a bequest after the death of its owner

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Peace be upon you, and Allah’s mercy and blessings. The questioner (S.M.) is of Egyptian nationality and resides in the State of Bahrain. I offer my thanks and appreciation for the effort you are making in this program, and I hope it continues for the benefit of Islam and its people. My question is: A relative of my mother kept a receipt with her for a sum of money entrusted to two of their children to pay to the daughters of their third brother, who had died before their father. After this father died, my mother asked them to pay the amount mentioned in the receipt to the daughters of their brother, as their father had requested, but they refused due to a dispute between them and their mother, that is, the mother of the daughters. She tried with them many times but to no avail. My mother passed away while still confused about what to do, and we still have this receipt. Does this receipt count as a bequest, making my mother responsible for it? And if my mother is responsible for it, is it permissible for me to give this amount to the daughters to clear my mother’s conscience of this? And should it be the same amount mentioned in the receipt, or more, due to the difference in time, since it has been approximately fifteen years? Please inform me about this case. May Allah reward you with good.
Answer: This receipt is to be delivered to its rightful owners, the daughters of their brother, as their father bequeathed it to them. They have no right to delay it or withhold it, and they erred in delaying it. It is in the position of a bequest. This is in the position of a bequest, but it must be considered that the son’s children in this case are not heirs. Therefore, this amount must come out of the one-third [of the estate]. If it is equal to the one-third or less than the one-third, it is paid to them, because they do not inherit from the son’s daughters alongside their uncles; the inheritance belongs to the uncles. A bequest to a non-heir is prescribed, especially to relatives. It is obligatory to pay them this amount if it is the one-third or less. However, if there is an excess, the excess requires the permission of the heirs, and it is not permissible to delay it. Whoever delayed it must repent to Allah. He is not required to pay an excess; rather, the amount he bequeathed is sufficient for him, and he is not required to pay an excess due to the delay. And Allah is the Helper. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

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

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