Rulings on Bequest — For Parents and Relatives in Kindness
fiqh
Level: intermediate
family
fqh-077
ٱلۡوَصِيَّةُ لِلۡوَٰلِدَيۡنِ وَٱلۡأَقۡرَبِينَ بِٱلۡمَعۡرُوفِ حَقًّا عَلَى ٱلۡمُتَّقِينَ
— البقرة 180
Verse: "Prescribed upon you when death approaches — if you leave wealth — is a bequest for parents and close relatives with fairness; a duty upon the righteous." (2:180)
Evolution of ruling: Bequest to parents and relatives was mandatory in early Islam — then abrogated by the inheritance verses (4:11-12).
Current ruling after abrogation: Bequest to an heir: invalid per majority scholars (they receive their share through inheritance). Bequest to non-inheriting relatives: recommended. Maximum: one-third of estate — "one-third, and one-third is much" (Al-Bukhari).
"With fairness": No excess, no harm to heirs.
Source: Al-Qurtubi (2/258); Al-Mughni (6/436); Sahih Al-Bukhari (2742)
Question: Is bequest to an heir valid? What is the maximum for a bequest?
Answer: Bequest to an heir is invalid per majority unless other heirs consent. Maximum: one-third of estate — "one-third, and one-third is much" (Al-Bukhari).