What is the ruling on bequeathing to the 'asabah (agnates) if the estate is exhausted by the legal heirs?
A bequest is permissible and recommended within the limit of one-third of the estate for a non-heir. However, it is forbidden for an heir unless approved by the other heirs, due to the : "There is no bequest for an heir unless the heirs permit it."
The criterion for determining whether a person is an heir or not is the time of the testator's death. So, if a person makes a bequest to someone who is not an heir, but that person becomes an heir at the time of death, the bequest becomes void unless approved by the heirs. Conversely, if a person makes a bequest to an heir, but that person becomes a non-heir, the bequest is valid.
Therefore, for those whose prescribed shares exhaust the inheritance, it is permissible for them to make a bequest to the 'Asabah (agnate relatives), as they are apparently non-heirs. If, at the time of the testator's death, they are indeed non-heirs, the bequest is valid. However, if they are heirs, the bequest is void unless approved by the remaining heirs. The bequest is disbursed from the estate before the distribution of the inheritance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 19326
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy