Is it permissible for a woman to make a will depriving her heirs of her inheritance from her father?
If a woman relinquishes her right, seeking reward from Allah, it is no longer her property, and neither she nor her heirs can claim it. This is based on the Hadith: "It is not permissible for a man to give a gift or a donation and then take it back, except for a father regarding what he gives his child." It is preferable for her to write a clear relinquishment to prevent disputes.
However, if she did not relinquish her right but merely remained silent about claiming it, then her ownership remains. If she instructs that her heirs should not take anything from her misappropriated inheritance, this is a valid will within the limits of one-third of the wealth. If she dies, then what equals one-third of her share goes to her brother, and anything beyond that depends on the permission of the heirs. The basis for this is what was narrated from Sa'd, that the Prophet, peace and blessings be upon him, said: "One-third, and one-third is much." A will in favor of an heir is not permissible unless the other heirs approve it after death; it then becomes valid as an execution, not as an initial grant.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/18731