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Inheritance- Likely Future Issue In Family
To avoid missing out on aspect of my past mistake, I asked Around . there is lot of confusion or debate about the hadith which restricts the will to one third which can be given away to anyone.
But not to a heir who is already mentioned as a heir. There is a point of view that if some of your own children have remained deprived of direct benefit from you during your lifetime, so that particular child can be given that one third wasaya as a corrective measure to your past mistake….for example in my case, I couldn’t provide maintenance amounts for my two daughters who only lived with my ex. …. The answer generated opened up the discussion to a new line of thought, which I want to discuss here. “
If a parent failed to provide obligatory maintenance, that amount:
• Is not charity
• Is not a favour
• Is not a bequest
• It is a liability owed
Debts are settled BEFORE inheritance, by Qur’anic order.
Surah al-Nisā’ 4:11
“…after payment of any bequest or debt…”
Debt comes before both wasiyyah and inheritance.
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6. APPLYING THIS TO YOUR SPECIFIC CASE
Your situation:
• Two daughters lived with ex-wife
• You could not provide proper maintenance
• This was your Islamic obligation
• That obligation did not expire
Correct fiqh framing:
You are not “favoring an heir”
You are settling unpaid nafaqah
That means:
• You are not using the one-third wasiyyah
• You are clearing a debt
• It is deducted before inheritance is calculated
This bypasses the “no wasiyyah for heir” restriction entirely.…:
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Inheritance- Likely Future Issue In Family
updated 1 week, 4 days ago
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During your lifetime, you are free to distribute your wealth to anyone you consider deserving. Equal distribution is not mandatory, as fairness or genuine need may justify giving a larger share to one of your children.
The Prophet ﷺ once advised a companion, who wished to donate all of his wealth to charity, to limit it to one-third. This advice was given in that particular context and does not constitute a general prohibition. Accordingly, a person may make a will disposing of their entire wealth, provided it is done for a valid and justifiable purpose.
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