Does the heirs' approval of the will take place before or after death?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
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
Read the full answer on Ftawyhttps://ftawy.com/en/questions/38165
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- Original fatwa ID
- 38165
- Imported
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- Source text, unreviewed
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