Bequeathing to disinherit some of his sons


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A: This is not permissible as this will contradicts the objectives of Shari`ah (Islamic law) and Justice which Allah commanded, especially between children. It was narrated by Ahmad and Abu Dawud (Part No. 16; Page No. 324) (may Allah be merciful to them) on the authority of Abu Umamah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said: Allah has appointed for everyone who has a right what is due to him, so no bequest must be made to an heir. It was narrated by Al-Bukhari and Muslim (may Allah be merciful to them) on the authority of Al-Nu`man ibn Bashir (may Allah be pleased with him) that My father came to the Prophet (peace be upon him) and said: I have granted this slave boy to this son of mine. Then, the Prophet (peace be upon him) asked: Have you given (the like of it) to everyone of your sons? He replied in the negative. Allah's Messenger (peace be upon him) said: take it back. In the wording of Muslim the Prophet stated: "Fear Allah, and be just to your children.' My father took it back. However, if it is proven that they are Kafirs (disbelievers) by abandoning Salah (Prayer) for example after your death, they should not inherit even if you did not bequeath this in your will for the Prophet (peace be upon him) said: “Neither a Muslim inherits from a disbeliever, nor a disbeliever from a Muslim.” (Agreed upon by Al-Bukhari and Muslim). May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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