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Right Of Bequeath (will)
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
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4 Replies
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Right Of Bequeath (will)
updated 5 years, 2 months ago
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Replies
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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 5This 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 4:11God 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.
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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.
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Please see this for the detailed explanation of the law.
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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:
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