Is it permissible for a father to instruct his children to dedicate one-third of the acres of his land as an endowment solely for himself, and to invoke illness upon them if they do not carry out the instruction?
There is no objection to a man bequeathing a portion of his land, not exceeding one-third of his estate, to be rented out after his death, and its rental income spent as charity on his behalf. This will is permissible and legally binding, and the heirs have no right to object to it or prevent its execution, because a will made for a non-heir, not exceeding one-third of the estate, is legally effective and does not require the heirs' permission. Indeed, scholars have unanimously agreed that a will for one-third of the estate to a non-heir is permissible and does not require the heirs' consent. Furthermore, the loss of mental capacity after making the will does not invalidate it, and the will remains obligatory for execution after death.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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