He Endowed a House in Order to Prevent His Nephew From Inheriting
Question :
The following question reached the General Presidency for the Administrations of Scientific Researches, Re- ligious Verdicts, Preaching and Guidance:
A man asks, saying that he has a wife, a mother, a half sister and a cousin who will inherit from him and that his cousin is estranged from him, does not contact him and does not help him and that he (the questioner) owns a house which he wishes to give as an endowment to his mother, his wife and his sister. Then after their death, the endowment of the house will revert to some permanent charitable authority, such as mosques, for example, and that the aim of this is only to prevent his cousin from inheriting. So he asks: Is it permissible for him to do this?
Answer:
The Permanent Committee for Scientific Investigations and Religious Verdicts gave the following answer:
"The Two Shaykhs (Al-Bukhari and Muslim) have narrated in their Sahihs, on the authority of 'Umar bin Al-Khattab, may Allah be pleased with him, that the Prophet said:
"Deeds are by intentions, and every person shall have what he intended."
The one seeking the legal ruling has made it clear that he intends by his action only to prevent his cousin from receiving anything. Therefore, we do not see that this action is permissible under the circumstances mentioned, with regard to his inten- tion. For even though he is the son of his uncle, and not an heir at the moment due to the money being wholly claimed by those with the right of inheritance before him, he might be an heir in the future. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions."
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 50-51
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