Is it obligatory to disburse one-third of the deceased father's estate, which he verbally bequeathed for charitable purposes, knowing that some heirs object to this, believing that one-third is excessive? And does this one-third include real estate?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A bequest to a non-heir, as long as it does not exceed one-third of the estate, is a binding bequest that must be executed. The heirs do not have the right to invalidate it. Anything exceeding one-third is contingent upon their approval. Therefore, neither the daughters nor any other heirs are permitted to prevent the execution of the bequest, as it takes precedence legally over the right of the heirs. Whoever prevents it is sinful and transgressive. If a bequest is made for one-third without specifying its source, then one-third of the total estate (money, real estate, and other assets) shall be taken.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/152569
Where this answer came from
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- Ftawy
- Original fatwa ID
- 152569
- 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