Is a verbal will, which was neither written down nor witnessed by anyone, and in which the deceased allocated some of his property to his wife, his brother, and three of his sisters, considered legally enforceable and must it be carried out?
If the heirs are limited to those mentioned, the wife receives one-quarter (45 shares) due to the absence of a lineal descendant, and the mother receives one-sixth (30 shares) due to the presence of a group of siblings. The remaining inheritance is divided among the brothers and sisters by way of ta'sib (residuary heirship), with the male receiving the share of two females. The estate is divided into 180 shares.
Bequests are disbursed from the estate before its division. A bequest to a specific person for a certain amount of money is established by the testimony of a just witness and the oath of the legatee. The heirs may swear to the validity of the bequest based on the testimony of the just witness. If a bequest to an heir is proven, it does not take effect unless all other heirs approve it.
We emphasize that matters of inheritance are complex and intricate and cannot be sufficiently resolved by a mere fatwa. Rather, they must be referred to Sharia courts for investigation and to ensure there are no other heirs, debts, or rights that take precedence over the heirs' rights.
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- Ftawy
- Original fatwa ID
- 133329
- Imported
- Translation status
- Source text, unreviewed
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