Is it permissible for an aunt to bequeath her husband's inheritance to her nephew whom she raised, given that there is opposition from some of her husband's family?
The deceased husband's estate goes to all his heirs. His wife receives one-fourth if he has no lineal descendants, or one-eighth if he has lineal descendants. She may bequeath to you this one-fourth or one-eighth after her death, provided that you are not one of her heirs. If you are one of her heirs, then it is not permissible for her, according to , to bequeath anything from her wealth to you; this is based on the saying of the Prophet, peace be upon him: "Indeed, Allah the Almighty has given every rightful person his due, so there is no bequest for an heir." If she makes a bequest to you while you are an heir, the bequest is not valid unless the remaining heirs agree to it. However, if you are not one of her heirs, she may bequeath to you an amount not exceeding one-third of her estate. Any amount exceeding one-third is dependent on the consent of the adult, sane heir.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 154620
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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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