What is the meaning of "disposing of its yields for the closest of kin" (تصرف غلالها في القربى المقربة), especially if the beneficiary has needy sons and daughters?
The condition set by the testator must be adhered to, so long as it does not violate Sharia. The produce should be distributed after the death of the inquirer's grandfather to the nearest relatives specified in the will, whether they are rich or poor. If the testator clearly defined his intention, there is no issue. Otherwise, it appears that he meant the closest relatives. The Shafi'is held that a bequest to one's nearest relatives includes ascendants and descendants, with the son taking precedence over the father, and the brother over the grandfather. Conversely, the Hanbalis held that the father and son are equal, and that a full brother, a paternal half-brother, and a grandfather are equal, and that a paternal half-brother and a maternal half-brother are equal, while giving precedence to the son over the grandfather, and the father over the grandson. The specific customary usage of the testator for this term must be observed, as a general term may be particularized by the speaker's habit. Such matters require the consideration of a Sharia judge to implement wills.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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