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  • Right Of Bequeath (will)

    Posted by Aun Shah on July 25, 2020 at 7:24 pm

    it is narrated that on the day of Hajj Muhammad صل اللہ علیہ وآلہ وسلم said in his speech ” bequeath (will) is not permissible in favour of legal heirs”” apparently it seems contradictory with Quran which impose no condition over one’s right of bequeath. Please need your guidance thanks

    Umer replied 3 years, 7 months ago 3 Members · 4 Replies
  • 4 Replies
  • Right Of Bequeath (will)

    Umer updated 3 years, 7 months ago 3 Members · 4 Replies
  • Faisal Haroon

    Moderator July 25, 2020 at 7:54 pm

    The riwayah is completely in accordance with the Quran. The riwayah is as follows:

    Indeed, God has granted every rightful person his right. So no bequest can be made to an heir.
    – Tirmazee, Kitab-ul-Wasaayaa, Chapter 5

    This riwayah is based on the following ayah of the Quran:

    You know not who among your children and parents are nearest to you in benefit. This is the law of God. Indeed, God is Wise and all-Knowing.
    – Quran 4:11

    God himself has designated the heirs and designated their rightful share, so now there’s no need for a bequest to be made to an heir.

  • Aun Shah

    Member July 25, 2020 at 9:04 pm

    Even in this verse Allah mentioned that “after any bequest he [may have] made or debt.” And the part of verse you quoted is clearly justifying the shares Allah decided but not imposed any restriction on one’s right of bequest.

  • Faisal Haroon

    Moderator July 25, 2020 at 9:20 pm

    Please see this for the detailed explanation of the law.

    Discussion 10380

  • Umer

    Moderator July 27, 2020 at 6:28 am

    In familial capacity, no will can be made in favor of heirs. However, since room for a will has been left open, which can be used to make will in favor of anyone on the basis of a number of reasons, and it is because of those reasons (illat), an heir can become eligible for that separate will, not in his/her capacity as heir, but because his / her eligibility resulting from that illat / reason which makes that separate will to exist independently.

    Please also see this:

    Discussion 2587

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