Is it permissible for an employed heir to take from the one-third of the deceased's wealth bequeathed to the poor and needy among his heirs, knowing that the deceased bequeathed two-thirds of his wealth to the Haram?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A will bequeathing more than one-third of the estate is not permissible, nor is a will in favor of an heir, unless the other heirs consent. Your grandfather's bequest to the (Sanctuary) is enforceable only up to one-third [of the estate]. Any amount exceeding that, or a bequest to poor heirs, is not enforceable unless the heirs approve it. If some heirs approve the will, it is only enforceable with respect to their share. You are permitted to take from your grandfather's bequest if you are poor and in need. A poor person is one whose income is insufficient to cover their essential needs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/21749
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 21749
- 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