The Will Must be Implemented in Accordance With the Bequest of the Testator According to the Limits of the Third

Question :

A man says: "The property of my father was divided between my sisters in the year 1373 A.H. and the share of each one of them came to seven Qirats.One of them took it upon herself to vow her aforementioned share to my sons, although she had made a bequest which was for two cows whose meat was to be distributed among the poor and needy after her death. And she repeated this vow and this bequest many times. Then in the year 1394 A.H. she went to the Mercy of Allah. I request your advice regarding this vow and this bequest."

Answer:

As regards her vowing, her share of the inheritance from her father to your sons, you may have confirmed this by the Judge in the town where the property lies.

As for the bequest which she made for the slaughter of two cows, their meat to be distributed among the poor and needy after her death; since she has died, her bequest must be implemented in accordance with her wishes - as mentioned in the question - if they are confirmed by lawful evidence and the value of the two cows does not exceed one third of her estate. 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 69-70