The Fiqh of travelling from the Flight Home to the Enduring Home (5)

- Question 2/6: It is not permissible to harm (others) by the will because of Allah's Saying: “After any will that may have been bequeathed or a debt that does not harm (others).”
Harming others by the will may be done by a legato or the bequeathed.

From a legator: A legato may bequeath with more than one third or bequeath to other than heirs while they are in need.

From the bequeathed: As if he neglects the will and does not execute it or spend it in improper channels. Allah Almighty has threatened the one who changes the will  as Allah says:

{فَمَن بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللّهَ سَمِيعٌ عَلِيمٌ}

“Whoever then alters it after he has heard it, the sin of it then is only upon those who alter it; surely Allah is Hearing, Knowing.” [Al Baqara: 181].

- Question 2/7: It is permissible to will all the wealth for the one who has no inheritors. 

This is the correct view of scholars (may Allah be pleased with them) because the Prophet (peace be upon him) prohibited a person to give a will more than one for the sake of heirs and the ruling goes with the cause wherever it exists, so the person who has no heirs is not included in the prohibition.

Ibn Al Qayyim (may Allah bless him) said: “The correct view is that a person may do whatever he like in his will because the Shari`ah prohibited him to act in more than one third if he has heirs, but if he does not have heirs, he may do whatever he wills in his money..” [1]