Ruling on Making a Will Depriving some Female Children from their Father’s Inheritance

Uploaded Jul 5, 2024

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Question

There is a man who has a large piece of land that has a garden containing palm trees and fruits. He has offspring, (both) men, and women, and when he became old, he left a will, it (the will) says: "My land and everything in it is a Waqf (endowment) for my male children and their offspring. As for my daughters, they have no right to the Waqf (endowment), and they don't inherit." And indeed, this man died. His son implemented this will and prevented the daughters and their offspring, is this Waqf correct? Is this man sinning? Please kindly answer this question.

Sheikh Ibn Uthaymeen

The correct view of the scholars is that in such a matter, it's not permissible to single out any of the heirs with any part of the will and that this will is invalid. Also, it is a must that it (i.e., the land) be included in the inheritance and that the heirs inherit it according to the Book of Allah (Quran) The Almighty and the Sunnah of His Messenger ﷺ. The Moderator (Starts asking the next question): Excellent, this message is from the questioner, he asks… The Sheikh: Wait! That’s because Allah Almighty Himself took care of dividing the inheritance among its beneficiaries, informed that He Almighty has made it an obligation, and that none of us knows which one of them (i.e., the offspring) is more beneficial to us. And (it has come) in a hadith (reported) from the Messenger of Allah ﷺ, “Allah has given everyone who has a right his right, so there is no will for an heir.”

Additional references

The Series of Fatwas of Noorun Ala Addarb of His Eminence, The Scholar, Sheikh Muhammad Ibn Sālih Ibn ʿUthaymīn - Tape: 4 Fatwa: 9