Implementing the will of a mother who bequeathed to her daughters

8-8-2006 | IslamWeb

Question:

before mother died , told the family her jewelry and clothes to be given to her daughters.is tis haram, dand against sharaa.does father and brothers share daughters in inheriting these items .

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

The will of the mother about her jewelry and clothes for her daughters should not be taken into account as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "Allaah has given everyone his right, so there is no will for an heir." [Ibn Maajah, Abu Daawood and others] Therefore, it is not acceptable for a person to make a will for an heir before his death, and if he does so, the matter depends on the consent of the other heirs, if they agree with this will and renounce their right, then it is permissible to implement this will, but if they do not agree with it and demand their right, then they have the right to do so.

In the case which is asked about by the questioner, the father and the sons have the right to ask for their right in what the mother made a will for her daughters.

For more benefit, please refer to Fataawa 90781 and 85091.

Allaah Knows best.

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