Does the Hadith "There is no bequest for an heir" indicate that a bequest to an heir is absolutely impermissible, or is it permissible within the limits of one-third?
The aforementioned , "Indeed, Allah has given every rightful person his right, and there is no will for an heir," was narrated by Imam Ahmad and the compilers of the Sunan, and it is a good and authentic Hadith. Its meaning is that Allah has clarified the share of each heir in the verse of inheritance, and the verse of inheritance abrogated the verse of bequest for close relatives. A will for an heir is invalidated according to most scholars due to the rights of the other heirs. However, if the heirs approve it, it becomes permissible, just as they may approve exceeding one-third for a non-relative. Some scholars hold that it is absolutely impermissible, even if the heirs approve it. The correct view, adopted by the majority, is that a will for an heir is not permissible, nor is a bequest exceeding one-third, unless it is approved by the adult and sane heirs.
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Reviewed by El Fatwa's sharia committee.
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