What is the ruling if a person leaves a will to non-heirs while neglecting needy relatives?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The will remains valid, according to the majority of scholars, including Salim, Sulayman ibn Yasar, Atā', Malik, al-Thawri, al-Awza'i, al-Shafi'i, Ishaq, and the proponents of the school of opinion (Ashab al-Ra'y). This is supported by analogy to lifetime gifts, which are permissible to non-relatives. Furthermore, evidence suggests that a bequest made during illness is permissible up to one-third, as demonstrated when the Prophet (PBUH) distributed the portion of slaves freed by a dying man among two freed slaves and four remaining slaves, effectively validating the bequest within the one-third limit for non-heirs.
Supporting text
A minority view, held by Tawus, al-Dahhak, and 'Abd al-Malik ibn Ya'la, maintains that the bequest should be revoked and redirected to the testator's relatives. Another view, from Sa'id ibn al-Musayyib, al-Hasan, and Jabir ibn Zayd, holds that the designated recipient receives one-third of one-third, and the remainder reverts to the testator's relatives, arguing that if the entire estate were willed away, only one-third would be valid, and the rest reverts to heirs, making the non-inheriting relatives akin to heirs in their claim to the non-heir portion.