Author: Dr. Muhammad Zia-ur-Rahman Azmi رحمه الله
Bequeathing for an Orphaned Grandson While the Son is Alive
Question:
I had an uncle who had a son. This uncle passed away before his own father, my grandfather. Before his death, my grandfather made a will to give one-third of his wealth to the son of his other son—my cousin—while my father was still alive.
Is it permissible to act upon this will or not? If not acted upon, would my cousin inherit anything from the estate of my grandfather along with my father?
Answer:
A bequest is valid with two conditions:
① It must not exceed one-third of the wealth. If it does, it is invalid unless the heirs approve it after the death of the testator.
② It must not be for an heir, because the Messenger of Allah صلى الله عليه وسلم said:
"Indeed, Allah has given every rightful person their due, so there is no bequest for an heir."
[Sunan Abu Dawood, Hadith no. 3565; Sunan al-Tirmidhi, Hadith no. 2120]
The scholars have a consensus on this.
The cousin you mentioned is blocked (محروم) from inheritance due to the presence of his paternal uncle (your father). Therefore, this bequest is considered a bequest for a non-heir and is valid as long as it does not exceed one-third of the wealth.
[Al-Fawzan: Al-Muntaqa: 106]
Bequeathing for an Orphaned Grandson While the Son is Alive
Question:
I had an uncle who had a son. This uncle passed away before his own father, my grandfather. Before his death, my grandfather made a will to give one-third of his wealth to the son of his other son—my cousin—while my father was still alive.
Is it permissible to act upon this will or not? If not acted upon, would my cousin inherit anything from the estate of my grandfather along with my father?
Answer:
A bequest is valid with two conditions:
① It must not exceed one-third of the wealth. If it does, it is invalid unless the heirs approve it after the death of the testator.
② It must not be for an heir, because the Messenger of Allah صلى الله عليه وسلم said:
"Indeed, Allah has given every rightful person their due, so there is no bequest for an heir."
[Sunan Abu Dawood, Hadith no. 3565; Sunan al-Tirmidhi, Hadith no. 2120]
The scholars have a consensus on this.
The cousin you mentioned is blocked (محروم) from inheritance due to the presence of his paternal uncle (your father). Therefore, this bequest is considered a bequest for a non-heir and is valid as long as it does not exceed one-third of the wealth.
[Al-Fawzan: Al-Muntaqa: 106]
