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The question

Does the heirs' approval of the will take place before or after death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Bequests are legislated by the Qur'an, the Sunnah, and the consensus of the Ummah. Allah Almighty says: ﴿بعد وصية يوصي بها أو دين﴾ (after any bequest which was made or debt). And in the agreed-upon Hadith of Sa'd ibn Abi Waqqas: "One-third, and one-third is much. Indeed, that you leave your heirs wealthy is better than that you leave them dependent, begging from people."

The consent of the heirs is not required for a bequest as long as it is within one-third or less. However, if it exceeds one-third, the consent of the mature and discerning heirs is necessary to enforce the excess.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
38165
Imported
Translation status
Source text, unreviewed
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