حكم الوصية لمن سقط باستغراق الفروض التركة

Abstract EN

Allah the Almighty legislated the Will/Bequest so that a man can compensate what he missed of good deeds in his life.

However, although this will/bequest is made upon the free well and desire of the legator, its validity is subject to certain terms and conditions that should be duly observed; otherwise, the will/bequest shall be considered null and void; such as when making a will for something prohibited, like cutting the ties of kinship, buying wine or similar prohibited things, or making a bequest to an heir, which results in changing the pre-determined shares of the heirs allocated by Allah the Almighty.

Since the will/bequest is very important, the scholars gave it a special attention and stipulated certain terms and conditions that the legator should observe before making it.

One of the most important pre-conditions for the validity of a will is not to make a bequest to an heir.

The scholars have different opinions regarding recognizing such will if the same was accepted by the other heirs, whether by way of execution or gift.

This article illustrates the issue of making a bequest to an heir, and who is the heir that the legator may not give him a bequest