Can Zayd Give His Entire Estate to His Grandson? Sharʿi Ruling
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Wirāthah, vol.1, p.394
❖ The Question
A man, for example Zayd, who has no children, no wife, no siblings, says that he wants to transfer all of his movable and immovable property to his grandson during his lifetime while in good health. Is this permissible?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
Zayd does not have the right to transfer his entire estate to his grandson.
According to Sharīʿah:
- A person may bequeath (waṣiyyah) up to one-third (⅓) of his estate in favor of a non-heir.
- After his death, his estate will first be used to settle any bequests (within one-third) and debts.
- The remainder will then be distributed among his nearest surviving relatives (whether close or distant) according to the rules of inheritance.
Thus, giving the entire estate solely to the grandson—whether as a bequest or by design—is not permissible in Islam.
ھذا ما عندي والله أعلم بالصواب
