Lesson 73 Inheritance (2). Bequest: There are two kinds of bequests: a)one is to bequeath to fulfill a due right or take care of the young, and b)another.

Lesson 73

Inheritance (2)

Bequest:

There are two kinds of bequests:

a) one is to bequeath to fulfill a due right or take care of the young, and

b) another to bequeath in order to distribute money to individuals or

institutions.

Conditions for bequeathing are:

- maturity and distinction,

- bequeathing something permissible, and

- the acceptance of the person to which the bequest is directed.

  The bequest is not allowed to an heir.

It is possible to withdraw or modify the bequest before death.

The bequest is executable only after paying off debts.   

The bequest can not exceed one-third of the inheritance, but if it is not enough, the

amount is divided among the bequeathed ones like the division of debts.

The dutiful bequest

The dutiful bequest is that ordained by law,

even if the deceased has not left a bequest.

It is for the grandchildren whose father died before their grandfather and have paternal uncles who exclude them from inheritance, so an obligatory bequest is for them equal to their father's share

which should not exceed one-third of the whole wealth.

Evidence from the Qur’an and Sunnah

Inheritance:

Allah says:

ال�د�ان� ﴿ الو� ك� ت�ر� ا م� م� يب� ن�ص� ال� ج� ل�لر�ك� ت�ر� ا م� م� ن�صي�ب� اء� للن�س� و� ب�ون� ر� واأل�ق

ك�ث�ر� وأ� �نه م� ق�ل� ا م� م� ب�ون� ر� و�األ�ق ال�د�ان� الو�

و �ر م�ف ي�ب)ا ) ن�ص� ﴾ضا : [7النساء]

This means:

“There is a share for men and a share for women from what is left by parents and

those nearest related, whether, the property be small or large - a legal share.”

(An-Nisa’: 7)

Allah says:

األ�نث�ي�ين� ﴿ ح�ظ� �ثل م� للذ�ك�ر� وال�د�ك�مأ� ف�ى �الله �يك�م ي�وص�

و�إ�ن ك� ت�ر� ا م� ث�ل�ث�ا ن� �ل�ه ف� اثن�ت�ين� وق� ف� اء) ن�س� ك�ن� إ�ن ف�د= و�اح� ل�ك�ل� يه� و�أل�ب�و� �الن�صف ا ل�ه� ف� د�ة) و�اح� ك�ان�ت

ل�م إ�ن ف� ل�د� و� �ل�ه ك�ان� إ�ن ك� ت�ر� ا م� م� �د�س Bالس ا م� �نه م� �ل�ه ك�ان� إ�ن ف� �الثBل�ث ه� أل�م� ف� ��ب�واه أ �ث�ه و�و�ر� ل�د� و� �ل�ه ي�ك�نو

� أ ا ب�ه� ي�وص�ى ي�ة= و�ص� ب�عد� م�ن �د�س Bالس ه� أل�م� ف� و�ة� إ�خآب�اؤ�ك�م ل�ك�م د�ين= �ب ر� أ�ق م ��يBه أ ون� �ت�در ال� �بن�اؤ�ك�م أ و�

ا ك�ي�م) ح� ا ع�ل�يم) ك�ان� الل�ه� إ�ن� الل�ه� م�ن� ة) ر�يض� ف� ع)ا ﴾ن�ف[11 النساء] :

This means:

“Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if

(there are) only daughters, two or more, their share is two thirds of the inheritance;

if only one, her share is half.

For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only)

heirs, the mother has a third; if the deceased left brothers or (sisters), the

mother has a sixth.

(The distribution in all cases is) after the payment of legacies he may have

bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit,

(these fixed shares) are ordained by Allah. And Allah is Ever All Knower, All Wise.”

(An-Nisa’:11)

Allah says:ن� ﴿ �ل�ه ي�ك�ن ل�م إ�ن ك�م �و�اج أ�ز ك� ت�ر� ا م� �ن�صف ل�ك�م ل�د� و� و�

ب�عد� م�ن كن� ت�ر� ا م� م� �ب�ع Bالر �ل�ك�م ف� ل�د� و� ن� �ل�ه ك�ان� إ�ن ف�كت�م ت�ر� ا م� م� �ب�ع Bالر ن� �ل�ه و� د�ين= و

أ� ا ب�ه� ين� ي�وص� ي�ة= و�ص� �ن �الث�م ن� �ل�ه ف� ل�د� و� ل�ك�م ك�ان� إ�ن ف� ل�د� و� ل�ك�م ي�ك�ن ل�م إ�نو�إ�ن د�ين= و

أ� � ا ب�ه� ون� �ت�وص ي�ة= و�ص� ب�عد� م�ن كت�م ت�ر� ا م� م�ت� أ�خ و

� أ أ�خ� �ل�ه و� �ة� أ ر� ام و�أ� ك�الل�ة) �ث ي�ور� ل� �ج ر� ك�ان�

  م�ن �كث�ر� أ ك�ان�وا إ�ن ف� �د�س Bالس ا م� �نه م� د= و�اح� ل�ك�ل� ف�ي�وص�ى ي�ة= و�ص� ب�عد� م�ن الثBل�ث� فى �كا�ء ر� �ش م �ه ف� ذ�لك�ع�ل�يم� �والله الله� م�ن� ي�ة) و�ص� Wار م�ض� غ�ير� د�ين= و

أ� ا ب�ه�ل�يم� ﴾ح� : [12النساء]

It means: “In that which your wives leave, your share is a half if they have no child;

but if they leave a child, you get a fourth of that which they leave after payment of

legacies that they may have bequeathed or debts. In that which you leave, their (your

wives) share is a fourth if you leave no child; but if you leave a child, they get an

eighth of that which you leave after payment of legacies that you may have

bequeathed or debts.

If the man or woman whose inheritance is in question has left neither ascendants nor

descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more

than two, they share in a third; after payment of lagacies he (or she) may have bequeathed

or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and

Allah is Ever All Knowing, Most Forbearing.” (An-Nisa’: 12)

Allah says:

إ�ن� ﴿ الك�الل�ة� ف�ى ت�يك�م ي�ف �الل�ه ق�ل� ت�ون�ك� ت�ف ي�س �ف ن�ص ا ل�ه� ف� أ�خت� �ل�ه و� ل�د� و� �ل�ه ل�يس� ل�ك� ه� ؤ� �ر امإ�ن ف� ل�د� و� ا ل�ه� ي�ك�ن ل�م إ�ن ا ي�ر�ث�ه� و� �و�ه ك� ت�ر� ا م�و�إ�ن ك� ت�ر� ا م� م� الثBل�ث�ان� ا م� �ل�ه ف� اثن�ت�ين� ك�ان�ت�ا

حظ�   �ثل م� ل�لذ�ك�ر� ف� اء) ن�س� و� اال) ج� ر� و�ة) إ�خ ك�ان�واب�ك�ل� �الل�ه و� لBوا ت�ض� أ�ن ل�ك�م �الل�ه �ي�ب�ي�ن األ�نث�ي�ين�

ع�ل�يم� يء= ﴾ش� : [176النساء]

This means: “They ask you for a legal verdict. Say: "Allah directs (thus) about Al

Kalalah (those who leave neither descendants nor ascendants as heirs). If it is a man that dies, leaving a sister, but no child, she shall have half the inheritance. If (such a deceased was) a woman, who

left no child, her brother takes her inheritance.

If there are two sisters, they shall have two-thirds of the inheritance; if there are

brothers and sisters, the male will have twice the share of the female. (Thus) does Allah makes clear to you (His Law) lest

you go astray. And Allah is the All-Knower of everything.”

(An-Nisa’: 176)

The Prophet (SAWS) said:“Divide the property among those whose

share have been prescribed in the Book of Allah, and what remains from the prescribed shares goes to the nearest

male heirs”.(Reported by al-Bukhariyy and Muslim)

The Messenger of Allah (SAWS) said:

“Allah has appointed for everyone who has a right what is due to him, and no

bequest must be made to an heir”.

(Reported by Abu-Dawud)

He (SAWS) also said:

“People of two different religions would not inherit from one another ”.

(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“There is nothing for the murderer”.

(Reported by Abu-Dawud)

He (SAWS) also said:

“The child is attributed to the one on whose bed it is born, and the fornicator is

deprived of any right ”.

(Reported by al-Bukhariyy and Muslim)

Bequest:

Allah says:

�ذ�ا ﴿ إ ب�ين�ك�م �اد�ة ه� ش� ن�وا آم� ال�ذ�ين� ا �يBه� أ ي�ااثن�ان� ي�ة� الو�ص� ين� ح� �الم�وت �د�ك�م أ�ح� ر� ح�ض�

نك�م م� ع�دل= ا ﴾ذ�و� : [106المائدة]

This means:

“O you who believe! When death approaches any of you, and you make a bequest,

then take the testimony of two just men

of your own folk.”

(Al-Ma’idah: 106)

Allah says:

د�ين= ﴿ أ�و ا ب�ه� ي�وص�ى ي�ة= و�ص� ب�عد� ﴾م�نالنساء ]، [11النساء] : في [12:ومثلها

This means:

“(The distribution in all cases is) after the payment of legacies he may have

bequeathed or debts.”

(An-Nisa’: 11)

Also in (An-Nisa’: 12)

The same meaning is repeated in the following verse, in the same Surah.

The Messenger of Allah (SAWS) said:

“It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without writing it down in a will.”

(Reported by al-Bukhariyy and Muslim)

The Prophet Muhammad (SAWS) said to Sa`d Ibn-Abi-Waqqas when he asked him

about the bequest:“Give one-third and that will be sufficient.

It is better to leave your heirs rich rather than to leave them in poverty

begging from people.” (Reported by al-Bukhariyy and Muslim)

The Messenger of Allah (SAWS) said:

“Allah, The Most Exalted, has appointed for everyone who has a right what is due to him, and no will could be made to an

heir ”.

(Reported by Abu-Dawud)