Is it permissible to execute the will of the deceased to dedicate a house whose rent is to be spent on two sacrifices, with the remainder going only to the male children, and would there be a sin upon the deceased in executing it?
The preponderant opinion is that dedicating an endowment (waqf) to some heirs is impermissible, as it falls under injustice (jawr) and the prophetic prohibition against preferring some children over others in giving. Therefore, this endowment is nullified, and the endowed property reverts to the ownership of the heirs. Executing such an endowment involves sin for the father.
If the deceased left behind only a wife, two sons, and two daughters, the wife receives one-eighth, and the remainder goes to the children by way of 'asabah (agnatic succession), with the male receiving the share of two females. The inheritance is divided into 48 shares: 6 shares for the wife, 14 shares for each son, and 7 shares for each daughter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 150287
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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