What is the ruling on the money bequeathed by the paternal aunt to her deceased brother's children for building a house for them, given that the condition of building has not been met?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If her brother's children are her heirs, then a bequest to them is religiously prohibited unless the heirs permit it, due to the Prophet's (peace be upon him) saying: "There is no bequest for an heir." The bequest becomes valid if the heirs permit it. However, if they are not her heirs, then a bequest to them, as long as it does not exceed one-third, is valid.
A bequest conditioned upon construction is valid, but it becomes void if the condition is not met. So, if the beneficiaries refuse to use the money for construction, they have no right to it, and the bequeathed money is to be divided among the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/188549
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 188549
- 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