Darul Iftaa Mahmudiyyah

can a person make a wasiyyay for his grandchildren, even though his children are alive. Can he exclude some grandchildren because they are baaligh already ?

· 7 Rabiʻ I 1430 AH1 min readFatwa 17634English

Question

can a person make a wasiyyay for his grandchildren, even though his children are alive. Can he exclude some grandchildren because they are baaligh already ?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

It is permissible for one to make Wassiya for his grandchildren only if they are not his heirs at the time of his death. If his children are alive at the time of his death, the grandchildren will not inherit. A bequest may be made on favor of some or all the grandchildren. (Ahsan ul-Fatawa, 9/292, Saeed)

And Allah knows best

Wassalam u Alaikum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

References (Arabic / Urdu sources)

ما روي عن أبي قلابة رضي الله عنه أنه عليهالصلاة والسلام قال لا وصية لوارث والكتاب العزيز قد ينسخ بالسنة
(بدائع الصنائع، 6/423، ديوبند)

Answered by
Ml. Sajid bin Shabbir
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/17634
Fatawa SA: https://fatawa.co.za/fatwa/askimam-17634

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