Will in Favor of a Nephew and the Sharʿī Division of Inheritance
Source: Fatāwā Rāshidiyyah, Page 569
❖ Question
What do the scholars of Islam say about the following case: Hasan Ali passed away, leaving behind four nephews, ten nieces, and one sister’s son (maternal nephew). Before his death, he made a will that his entire property should go to one nephew. What is the Sharʿī ruling on this?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
The distribution of the estate of a deceased person follows this Sharʿī order:
➊ Funeral and burial expenses are to be taken out first.
➋ Secondly, any debts owed by the deceased must be repaid.
➌ Thirdly, if the deceased made a will, it can only be executed from up to one-third (⅓) of the estate, provided it is Sharʿī compliant.
However, in the case mentioned in the question, the will in favor of a nephew cannot be executed, because a nephew is a legal heir, and the Prophet ﷺ said:
((لا وصية لوارث))
(Musnad Aḥmad, vol. 4, p. 86, ḥadīth no. 17680)
Meaning: “There is no will in favor of an heir.”
Therefore, the will made in favor of the nephew is invalid, and he will not receive anything from it.
▣ Division of the Inheritance
Assuming the estate is 1 rupee, the division will be:
◄ The four nephews are the rightful heirs, and the entire estate will be divided among them.
◄ Each nephew will receive 4 ānā.
◄ The ten nieces and the maternal nephew are excluded (they will receive nothing).
▣ Division in the Modern Decimal System (%)
If the estate is considered 100 units, then:
◈ Four nephews (ʿAṣabah – 100%) → Each receives 25 units
◈ Ten nieces → Excluded
◈ Maternal nephew → Excluded
ھذا ما عندی واللہ أعلم بالصواب
