Is a disability in the eldest daughter's hand considered a justification for allocating a portion of money or property to her, to the exclusion of her siblings, through a will, and what is the difference between a will and inheritance in this case?
A will is a transfer of ownership without consideration after death. It is not permissible for an heir, nor for more than a third [of the estate], unless the heirs agree. Its ruling is that it is recommended for one who possesses wealth, and it should be for relatives, the poor, and the righteous, in a way that does not harm the heirs. As for inheritance, it is what the deceased leaves behind, and its division is from Allah the Almighty. Justice must be observed among children in giving gifts, unless there is a reason that necessitates preference, such as a disability. This should be done through an immediate gift, not through a will, because she is an heir.
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- Ftawy
- Original fatwa ID
- 70038
- Imported
- Translation status
- Source text, unreviewed
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