Was the act of taking the bequeathed amount from a deceased grandfather and then distributing the remainder to the heirs in accordance with Islamic law, and what should be done if it was not? Is it permissible to return the thousand dinars to the heirs as charity or a gift without informing them of the source?
A will is not established except by legal proof or by the heirs' acknowledgment. The mother's testimony for her two daughters alone is not valid. If the heirs accept it, they affirm it; if they do not accept it, then it is not valid. Furthermore, a will is only valid up to one-third of the estate, and anything exceeding that is contingent upon the heirs' permission. Therefore, taking the amount without referring the matter to the Sharia judge is an error. One must seek forgiveness and return the amount to the heirs according to their shares.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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