What is the legal status of a bequest made to an heir?
General Chapter
Al-Mughni
Book of Bequests
Primary text
A bequest made to a legal heir is invalid if the other heirs do not approve it. There is no scholarly difference of opinion on this matter, affirmed by Ibn al-Mundhir and Ibn 'Abd al-Barr based on consensus. Evidence for this is the Hadith reported by Abu Umamah, where the Prophet (PBUH) said, "Indeed, Allah has given every right its right, so there is no bequest for an heir." This is derived from preventing a father from favoring one child over others during health, as favoring them during sickness or death, when justice is harder to achieve, is more strongly prohibited. This prohibition serves to prevent enmity and envy among the heirs.
Supporting text
If the other heirs approve the bequest to the heir, the majority of scholars hold that the bequest becomes valid. However, some Shafi'i scholars, aligning with the literal reading of Ahmad's position, hold that the bequest is fundamentally void, even with the approval of other heirs, unless the approval is formalized as a new, initial gift (hiba). They rely on the literal meaning of "There is no bequest for an heir."