Is what a woman said before her death—that her clothes be distributed among her sisters who are not heirs, then among the needy—considered a bequest, and would the heirs be sinful if they took anything from it, and is it permissible to give the monetary value of what an heir took or was gifted to the needy?
If a woman explicitly states that her clothes should be owned by her sisters after her death, and her sisters are not her heirs, then this is a valid and enforceable will, provided that the value of the clothes does not exceed one-third of the estate. Any amount exceeding one-third is not enforceable unless the heirs consent to it. If the will is valid, the heirs are obligated to execute it, and it is forbidden for them to invalidate or alter it, for Allah the Almighty says: "So whoever alters it after hearing it, the sin is only upon those who alter it. Indeed, Allah is Hearing and Knowing." The will becomes binding upon the acceptance of the legatee after the death of the testator. If any of the heirs takes anything from the bequeathed clothes or disposes of them to someone else, they have encroached upon the right of the legatees. They must seek forgiveness from them, or return the clothes to them, or their value if they are no longer available.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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