May the Foster son receive the will of treasure?

May the foster son receive the will of treasure?. One of the most revered aspects regarding death is the bequest, especially when compared to the final wishes concerning wealth. In times of peril, Islam mandates that one should bequeath to another. Nonetheless, numerous bequest practices remain without a doctrinal basis in the faith.

Criteria represent certain specific elements that empower individuals to transfer their wealth to trustworthy parties. Naturally, if any of these criteria are not satisfied, asset transfer remains invalid. Thus, it is imperative to fully comprehend all stipulations involved in a will. Many individuals, during their lifetimes, are often bound by financial obligations. This creates a barrier for someone wishing to bequeath their property. Before transferring assets, any debts or vows must first be addressed:

وَشُرِطَ فِي الموصي بقضاء حق ما مر

“It is not a sin for parents to clear their debts.” – Zakariya Al-Anslai.

The proportion of a bequest directed towards heirs cannot be limitless. Since the will is individualized, there exists a requisite proportional reference to the asset. Generally, the guideline for the Prophet’s wealth allocation is set at one-third of the entire estate.

يَا رَسُولَ اللَّهِ أُوصِي بِمَالِي كُلِّهِ قَالَ لَا قُلْتُ فَالشَّطْرُ قَالَ لَا قُلْتُ الثُّلُثُ قَالَ فَالثُّلُثُ وَالثُّلُثُ كَثِيرٌ إِنَّكَ أَنْ تَدَعَ وَرَثَتَكَ أَغْنِيَاءَ خَيْرٌ مِنْ أَنْ تَدَعَهُمْ عَالَةً يَتَكَفَّفُونَ النَّاسَ فِي أَيْدِيهِمْ

“I want to draft my will.”

He replied, “No!” I suggested, “Half.” He responded, “No!” I proposed once more:

He said, “If you leave them, it is preferable for you to leave them in want.” (H.R. Algland).

Nevertheless, the allocated assets may vary depending on the designated recipients. If an heir is present, one-third is allocated, and if there are multiple heirs, then a third amongst them will be distributed.

Regarding the assets prescribed by heirs, around one-third, all records must be licensed by others. – Nawawi bin Umar, Nihayatuz Zain.

Concerning the total estate, it is accounted for at the moment of death, regardless of any continued asset appreciation. (Ibrahim Al-Baijuji, Hasyiya al-Baijuji, Beirut: Darul Fikr, 2022, vol. II, p. 160).

The divine decree shall be executed. Not everyone has the legal right to bequeath more than a third of their possessions.

وَشرط فِي الْمُوصي تَكْلِيف وحرية وَاخْتِيَار وَلَو كَانَ كَافِرًا حَرْبِيّا أَو غَيره

And Allah is all-knowing, all-wise.

Consequently, those failing to meet these conditions are forbidden from commanding their assets. For instance, an individual under duress or who succumbs before regaining their senses cannot make valid bequests. Anyone mandated to fulfill terms beyond the scope of a will must adhere to additional criteria. No one should arbitrarily dictate assets without contemplating necessary requirements:

وتصح الوصية) … (إلى من اجتمعت فيه خمس خصال: الإسلام، والبلوغ، والعقل، والحرية، والأمانة). واكتفى بها المصنف عن العدالة

“When making a bequest, do so in God’s name.”

Thus, this variety of conditions must be grasped when one intends to direct their wealth. The stipulation for transferring assets to others requires freedom from obligations. If bequeathed to an heir, it may constitute one-third or so, provided there is agreement with other heirs. If designated to non-heirs, then a third of the estate must be relinquished.

God is All-Knowing and All-Wise. He is all-knowing and wise. This is the essence of it, with hopes that it provides enlightenment in preparing for the asset transfer process at life’s end. Amen.

Tags: Islam