He Bequeathed His Land as an Endowment to His Sons and His Grandsons

He Bequeathed His Land as an Endowment to His Sons and His Grandsons


Question:

A man died leaving five sons and five daughters and he bequeathed his agricultural land as an endowment – on condition that it will not be bought or sold - to his sons and his grandsons and their descendants only. Are the sons of the daughters considered to be descendants of the donor, who inherit, or not? Likewise, do the sons of the descendants of the daughters inherit or not? Advise me, and may Allah reward you with goodness.


Answer:

There is disagreement among the scholars regarding this question: Are the sons of the daughters included with the sons of the sons? There are two opinions on it - and therefore it is appropriate to accept the view of the Islamic Law Courts – if Allah wills - because in most cases, this question leads to dispute and the way to solve such disputes is through the Court. May Allah grant success to us all.


Source:
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 34

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