Wasiyyat for an heir
Q: A lady passes away she leaves behind four children two sons and two daughters and a husband, after she passes away it is realised that she has some money in the bank,so after her demise the husband states that during her lifetime she told one person that if she passes away her husband should use the money for his haj, I would like to know is one persons statement sufficient to prove that that she really said this and two what is the manner of fulfilling the bequest of the deceased according to shariah?
A: Making a bequest for an heir is impermissible and invalid in Islam. Hence, since the husband is an heir, he cannot receive this extra money over and above his stipulated share of the inheritance unless the other heirs permit the bequest without any coercion and there are no minors among the heirs.
If there are minors among the heirs, then the minors will have to be given their full share of the inheritance. If the heirs do not permit the bequest, then this money will form part of the estate of the deceased and will have to be distributed among all the heirs according to the prescribed laws of inheritance.
And Allah Ta'ala knows best.
ويروى عن ابن عباس رضي الله عنهما عن النبي صلى الله عليه وسلم قال : " لا وصية لوارث إلا أن يشاء الورثة " منقطع هذا لفظ المصابيح . وفي رواية الدارقطني : قال : " لا تجوز وصية لوارث إلا أن يشاء الورثة " (مشكاة رقم 3074)
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