What is the ruling of Islamic law regarding a man's bequest of two apartments from his estate to his grandson (son of his son) and his granddaughter (daughter of his daughter), given that his son refuses to carry out the bequest to the daughter's son, and knowing that the bequest is within the limits of one-third (of the estate)?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A bequest to a non-heir, not exceeding one-third (of the estate), is a valid and enforceable bequest. The heirs do not have the right to reject it, and it becomes binding upon the death of the testator and the acceptance of the legatee. If the heirs refuse to execute the bequest in this case, they are sinful, and the legatee has the right to refer the matter to the court. However, if the bequeathed amount exceeds one-third and the heirs do not permit it, only one-third of it shall be executed, and the legatees shall divide it according to their respective proportions in the bequest.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/103732
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- Ftawy
- Original fatwa ID
- 103732
- 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