Those who said: it is returned to the relatives

Humayd reports from al-Hasan concerning a man who makes a bequest for distant relatives and leaves out his near relatives. He said: The wealth of his bequest is to be made into three parts: two-thirds for the near relatives and one-third for the distant relatives.

Ibn Tawus said that Tawus did not consider it permissible to make a bequest for anyone other than needy blood relatives (dhawu al-arham). He held that if someone makes a bequest for anyone other than them, the wealth will be taken from those people and given to the blood relatives; and if there are no needy people among the blood relatives, the wealth of the bequest will be distributed among the poor, whoever they may be, even if the testator named the people for whom the bequest was made.

Ata bin Abi Maymunah said: I asked al-Ala bin Ziyad and Muslim bin Yasar about bequests. They sent for the Qur'an and read the verse "if he leaves wealth, that the bequest be for parents and near relatives" [Al-Baqarah: 180], and then said: The bequest is for relatives.

Qatadah reports that al-Hasan and Abd al-Malik bin Ya'la said: The bequest will be returned to the relatives.

Humayd reports from Sayyiduna Anas (may Allah be pleased with him) that Sayyiduna Abu Talhah (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him) and said: "O Messenger of Allah! I have given my garden in the name of Allah, and if I could conceal this, I would not have made it known." The Prophet (peace and blessings be upon him) said: "Distribute this garden among your needy relatives."