1228
40
30 / 12 / 2025
Ruling on Bequeathing More Than One Third
A man bequeathed to a friend that he gives each of his daughters fifty dinars upon his death, and does not give his male siblings anything, and the remainder is distributed to the needy. What is the ruling on his bequest?
Answer
I say, and with God's success: The bequest does not take effect for more than one third except with the permission of the heirs, and the bequest to the heirs is not valid unless the heirs consent. Therefore, it is not permissible to give anything to the sisters like the brothers because they are heirs, and no more than one third can be given to the needy. And God knows best.
