How is the apartment mentioned in the deceased's will to be divided between his daughter and her sisters, or is it for his daughter alone, given the discrepancy between the written text of the will and the oral testimony?
A bequest of an apartment to a woman and her sisters is void if they are heirs, according to the hadith: "No bequest to an heir." In this case, the apartment is to be divided among the heirs according to Islamic law. However, if they are not heirs and the apartment falls within one-third of the estate, then the bequest is valid. If two just witnesses testify that the bequest is shared between the woman and her sisters, then it is to be divided equally among them. Some scholars, such as the Malikis, hold that a legatee who is designated for more than one bequest receives two shares. Based on this, the woman would receive two shares and her sisters one share of the apartment, provided she is not among the heirs and the bequest falls within one-third of the estate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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