Question
Reference number: 904037 | Inheritance, Bequests, Endowment, Personal Status |
My grandfather wanted to leave his taxi to one of my uncles after his death. This was his bequest, so what is the ruling on leaving a legacy (bequest) to an heir?
Answer
Praise Be to Allah and Peace Be Upon His Messenger.
Leaving a bequest which involves giving one of the heirs a bigger share than others is not allowed in Islam. There is consensus on this issue by the four jurisprudence schools. They depend on the prophetic saying: “Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.”
But if it happens that someone makes a bequest to give one of their heirs a bigger share, and all other heirs accept and none has objected, then, the bequest can be implemented. The prophet also says: “No legacy is to be left to an heir unless the other heirs are agreeable.”
However, if some heirs accept the bequest, but others do not, the bequest can be partially implemented; in other words, the share of those who agree can be given to the one who is appointed in the bequest; others can take their share. To finalize, as long as your uncles rejected to give their share to their brother, the bequest should not be implemented.