Sharʿi Ruling on Bequest (Waṣiyyah) in Favor of an Heir
Source: Fatāwā Amanpuri by Shaykh Ghulam Mustafa Zaheer Amanpuri
Question:
A man wrote his entire property in his will for only one of his sons. What is the ruling on this?
Answer:
Such a will is impermissible. A bequest (waṣiyyah) in favor of an heir is not allowed. Acting upon this will is not permissible; rather, it must be altered so that the estate is divided among all heirs according to Sharīʿah. The son in whose favor the will was made will receive only the share that other sons receive, as per inheritance law, because a bequest for an heir is invalid.
Sayyiduna Abū Umāmah رضي الله عنه narrated that the Messenger of Allah ﷺ said:
إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث.
"Indeed, Allah has given every rightful person his due, so there is no bequest for an heir."
(Sunan Abī Dāwūd: 2870, chain ḥasan)
Imām al-Tirmidhī رحمه الله (d. 279H) graded this narration ḥasan, and Imām Ibn al-Jārūd رحمه الله (d. 307H) graded it ṣaḥīḥ.
❀ ʿAllāmah al-Qurṭubī رحمه الله (d. 671H) said:
أجمع العلماء على أن الوصية للوارث لا تجوز.
"The scholars are unanimous that a bequest in favor of an heir is not permissible."
(Tafsīr al-Qurṭubī: 5/80)
