Is the father’s statement to his son, “If anything happens to me, give my library to your uncle so-and-so,” considered an obligatory will to be executed, especially given the absence of a written will and the father’s displeasure with his brother before his death, knowing that the father has three daughters and three sons?
First: If a man bequeaths something to his brother and has one of his children witness it, then if the heirs affirm the witness, the will must be executed. Otherwise, it is not executed, and the case is referred to the judge or Islamic centers in Western countries. The judge may rule for its affirmation with a single witness if he is predominantly convinced of their truthfulness.
Second: A will is not ruled to be annulled after its affirmation unless it is proven that the testator did so, such as by retracting it through testimony or admission.
Third: If not all heirs prove or acknowledge the will, then it is binding only upon those who have acknowledged it, to the extent of their share of the inheritance, provided that this does not exceed one-third of their entitlement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 18652
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy