What has come concerning wills, Last Lesson | Benefits from Muntaqaa Ibn Al-Jarood

بســـم اللــه الرحــمــن الـرحـــيــم

By our Shaykh, the 'Allaamah, the Sincere Advisor, Abu 'Abdirrahman Yahya bin 'Ali Al-Hajoori - may Allaah preserve him -

*(Wills 📚)*

*Benefit*:

If a man wanted to bequest more than a third and the inheritors allowed it, is their allowance during his lifetime correct? 

Answer: There is differing, and the correct opinion is that their allowance is correct and if they retracted after his death, then that is not for them, they are considered as waahibeen (those that have given something as a gift)

📌 Whoever has inheritors and bequests a third and the inheritors disallow it, then the will is not correct by consensus. 

📌 The majority of the people of knowledge are on the opinion that it is not allowed for a person to increase on a third whilst he is sick even if he doesn't have inheritors and it is the correct opinion. 

📌 *The capping of the bequester is during his sickness*, whoever is in the sickness of his death and he wants to bequest with more than a third then he is capped.

*Benefit*:

And if he bequested a third of his wealth, then verily he gives a third whether his wealth increased or decreased after his will. 

*Benefit*:

Hadith Alee, may Allaah be pleased with him, that the Prophet ﷺ ruled with the distribution of the will before the debts..., The hadith is severe in weakness, in it is Al-Haarith Al-A'war and he was accused (of lying) and they unanimously agreed that the debt is before the will; because the debt is obligatory and the will is voluntary, so the voluntary is not given precedence over the debt. And as comes in the hadeeth the soul of a believer is attached to his debts until it is paid off for him. 

*Issue*:

Concerning selling the will

Shaafi'ee said if there is in selling it a benefit for the inheritors then it is allowed and if there is in it some harm then it is not allowed. 

↪️ Our Shaykh, may Allaah preserve him, said: "And this speech of his is good concerning the rights of the young, as for the adults then they can deal with their wealth themselves and this is the correct stance. 

*Benefit*:

If a person bequested then his condition changed and he became worse? Then the will is stripped from him by the judge. 

*Issue*:

If a person became weak from fulfilling the will then additional assistance is given to him by someone. 

*Benefit*:

It is not allowed for anyone to take the wealth of the orphan and trade with it for his own benefit, for verily he will be a muta-athil ( loosely spending the wealth of others while hoarding ones own) and devourer of the wealth of the orphan. 

*Issue*:

If a person borrowed from the wealth of the orphan - and this is not allowed except out of necessity - then he is to restore it in the quickest time possible.

*When is the wealth of the orphan given to them*

The wealth of the orphan is given to them with two conditions: *if he reaches the age of puberty and was able to conduct in his affairs.*

↪️ *Benefit*:

 The will of a person in good health with more than a third is allowed. 

↪️ Giving a gift during good health with what he wishes even if it is more than a third is allowed. As for during sickness then he doesn't increase upon a third. 

↪️ Devouring the wealth of the orphan is one of the seven destructive sins and that is because the orphan is not able to protect himself, he is weak, it is not allowed to make him cry, or take his money or make him go to waste rather it is obligatory to take care of him and for that reason it is upon a person entrusted over an orphan to study these rulings. 

📌 It is not for the bequester to consume the wealth of the orphaner except in for his due wage for taking care of the orphan and it as if he is working with this orphan.

*The guidelines of Ma'roof*

He consumes by the Ma'roof, according to his due wage without being extravagant, nor spendthrifting, nor muta-athil.

↪️ And it has come from 'Umar, may Allaah be pleased with him, that he said: He is concerning the treasury of the Muslims like the one in custody of the wealth of an orphan he consumes by the Ma'roof and of that which he is not in need of he abstains from this.

*When is the wealth of the orphan given to them*

↪️ It is given when they have reached the age of puberty and their dealings are well proportioned and if one of these conditions are not present it is not given. Example if he reaches the age of puberty but his dealings are not good it is not given to him. 

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*An example of a written will in other than wealth*📚

بسم لله الرحمن الرحيم 

This is what (so and so) bequested, I bequest ans I bare witness that none has the right to be worshipped except Allaah alone, with no partners with Him and that Muhammad is His slave and Messenger and that Eesa is the slave of Allaah and His Messenger and His word that he cast upon Maryam and a spirit from Him and that Heaven is true and the Hellfire is true and that the hour is coming without a doubt and that Allaah will resurrect that which is in the graves. And I bequest what I left from my family and progeny and all relatives with the fearing of Allaah and reconciliation amongst themselves and obedience to Allaah and His Messenger and advising one another with the truth and patience upon it and I bequest to them with the likes of what Ibraaheem ﷺ bequested to his sons:

 (يَا بَنِيَّ إِنَّ اللَّهَ اصْطَفَىٰ لَكُمُ الدِّينَ فَلَا تَمُوتُنَّ إِلَّا وَأَنتُم مُّسْلِمُونَ)

"O my sons! Allah has chosen for you the (true) religion, then die not except in the Faith of Islam (as Muslims - Islamic Monotheism)."

And it is not restricted to this.

____

And Allaah is the granter of success 

Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

- may Allah reward him with good -

on the 21st & 22nd, Safar, 1440H

Translated by: 

Abu 'Abdillah 'Omar bin Yahya Al-'Akawi

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