Ruling on wills which deprive some of one’s children of their inheritance

This will is not permissible, because it goes
against the teachings of sharee’ah and is contrary to the justice and
fairness that Allaah has enjoined, especially among one’s children.
Allaah says (interpretation of the meaning):

“There
is a share for men and a share for women from what is left by parents
and those nearest related, whether, the property be small or large —
a legal share”

[al-Nisaa’ 4:7] 

Then Allaah says (interpretation of the meaning);

“Allaah
commands you as regards your children’s (inheritance): to the male,
a portion equal to that of two females; if (there are) only daughters,
two or more, their share is two-thirds of the inheritance; if only one,
her share is a half. For parents, a sixth share of inheritance to each
if the deceased left children; if no children, and the parents are the
(only) heirs, the mother has a third; if the deceased left brothers
or (sisters), the mother has a sixth. (The distribution in all cases
is) after the payment of legacies he may have bequeathed or debts. You
know not which of them, whether your parents or your children, are nearest
to you in benefit; (these fixed shares) are ordained by Allaah. And
Allaah is Ever All‑Knower, All‑Wise”

[al-Nisaa’ 4:11] 

Then Allaah warns those who go against this
division of legacies and play with it, by saying (interpretation of
the meaning);

“And
whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses
His limits, He will cast him into the Fire, to abide therein; and he
shall have a disgraceful torment”[al-Nisaa’
4:14] 

Whoever deprives some of his children of their
inheritance, or gives some of them less than is their shar’i due, or
gives some more than is their shar’i due, or includes someone who is
not an heir among those who are given his legacy, is a sinner who is
guilty of committing a major sin. Also, it is not permissible to make
a will concerning one’s heir, because he has a share which is defined
by sharee’ah. Ahmad, Abu Dawood and al-Tirmidhi (may Allaah have mercy
on them) narrated from Abu Umaamah (may Allaah be pleased with him)
that the Messenger of Allaah (peace
and blessings of Allaah be upon him) said: “Allaah has given everyone
who is entitled his rights, so there is no will concerning the heir.”
(Sunan al-Tirmidhi, 2046). 

If it is proven according to sharee’ah that
one of the children is a kaafir, e.g. by the fact that he does not pray,
at the time of the father’s death, then he is not an heir, even if instructions
to that effect are not mentioned in the will, because the Prophet
(peace and blessings of Allaah be upon him) said: “The Muslim does not
inherit from the kaafir and the kaafir does not inherit from the Muslim.”
(Saheeh – agreed upon). 

With regard to giving a gift to one of one’s
children and not to the others for no shar’i reason, this is haraam
and is unfair, as it creates hatred in the children’s hearts towards
one another. The evidence (daleel) that it is forbidden is the hadeeth
narrated by al-Bukhaari and Muslim (may Allaah have mercy on them) from
al-Nu’maan ibn Basheer (may Allaah be pleased with him), that his father
came to the Prophet (peace and
blessings of Allaah be upon him) and said: “I have given this son of
mine one of my slaves.” The Prophet
(peace and blessings of Allaah be upon him) said, “Have you given all
your children a similar gift?” He said, “No.” He said, “Then take it
back.” According to the version narrated by Muslim, he said: “Fear Allaah
and treat your children fairly.” So my father took back his gift. 

According to another version, he (may Allaah
be pleased with him) said: “My father took me to the Messenger of Allaah
(peace and blessings of Allaah
be upon him) and said, ‘O Messenger of Allaah, bear witness that I have
given al-Nu’maan such-and-such of my wealth.’ He said, ‘Have you given
all your children something similar to what you have given to al-Nu’maan?’
He said, ‘No.’ He said, ‘Then let someone else bear witness.’ Then he
said, ‘Would you not like all your children to honour you equally?’
He said, ‘Of course.’ He said, ‘Then you should not do that.’” (Muslim,
3059). 

But if the gift is being given to one of the children
for a shar’i reason, such as the child being poor, or in debt, or needing
medical treatment, then there is nothing wrong with that. And Allaah
knows best. May Allaah bless our Prophet Muhammad, and grant him peace.