Author: Dr. Muhammad Zia-ur-Rahman Azmi رحمه الله
Bequeathing to Deprive Some Sons of Inheritance
Such a bequest is impermissible because it contradicts the spirit of Shari’ah and justice that Allah has commanded to be established among children in particular. It is narrated from Abu Umamah رضي الله عنه that 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]
It is also narrated from al-Nuʿman bin Bashir رضي الله عنه that his father went to the Messenger of Allah صلى الله عليه وسلم and said: “I have given a slave to this son of mine as a gift.” The Prophet صلى الله عليه وسلم asked:
"Did you give the same to every one of your sons?"
He replied: “No.” So the Prophet صلى الله عليه وسلم said:
"Then take it back."
[Sahih al-Bukhari, Hadith no. 2586; Sahih Muslim 1622/9]
The words in Sahih Muslim are:
"Fear Allah and be just among your children."
[Sahih al-Bukhari, Hadith no. 2587]
So his father took back that charity.
However, if there is a valid Shari’ah reason to establish that those two sons were disbelievers at the time of your death—for example, if they had abandoned prayer at the time of your death—then they would not inherit, even if you did not make a bequest. This is because of the statement of the Prophet صلى الله عليه وسلم:
"A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim."
[Sahih al-Bukhari, Hadith no. 6764; Sahih Muslim 1614/1]
[Permanent Committee for Scholarly Research and Ifta: 1581]
Bequeathing to Deprive Some Sons of Inheritance
Such a bequest is impermissible because it contradicts the spirit of Shari’ah and justice that Allah has commanded to be established among children in particular. It is narrated from Abu Umamah رضي الله عنه that 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]
It is also narrated from al-Nuʿman bin Bashir رضي الله عنه that his father went to the Messenger of Allah صلى الله عليه وسلم and said: “I have given a slave to this son of mine as a gift.” The Prophet صلى الله عليه وسلم asked:
"Did you give the same to every one of your sons?"
He replied: “No.” So the Prophet صلى الله عليه وسلم said:
"Then take it back."
[Sahih al-Bukhari, Hadith no. 2586; Sahih Muslim 1622/9]
The words in Sahih Muslim are:
"Fear Allah and be just among your children."
[Sahih al-Bukhari, Hadith no. 2587]
So his father took back that charity.
However, if there is a valid Shari’ah reason to establish that those two sons were disbelievers at the time of your death—for example, if they had abandoned prayer at the time of your death—then they would not inherit, even if you did not make a bequest. This is because of the statement of the Prophet صلى الله عليه وسلم:
"A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim."
[Sahih al-Bukhari, Hadith no. 6764; Sahih Muslim 1614/1]
[Permanent Committee for Scholarly Research and Ifta: 1581]
