Back to search
The question

Is an oral will, in which a deceased father designated shares to some of his sons and daughters — for the benefit of his disabled daughter — considered binding and legitimate for heirs who did not hear it directly, and should the designation of shares be with their full value and returns, or with the returns only?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A will in favor of a female heir (daughter) is not valid unless the rest of the adult, mature heirs approve it, due to the Prophet (peace be upon him) saying: "No will for an heir," and in another narration: "Unless the heirs wish otherwise." If the brothers approve the will, it is permissible; if they do not approve it, it is not permissible. Whoever among them approves the will, that applies to his share. If the brothers waive their right in favor of their sister, her guardian may dispose of her wealth in a way that is most beneficial to her. The inheritance is distributed as follows: the wife receives one-eighth due to the existence of a descendant heir, and the remainder goes to the children, with the male receiving the equivalent of the share of two females. It is recommended for the heirs to reach an understanding and reconciliation; if they cannot, they should resort to the courts.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
66927
Added here
. 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