Death of the donee after the gift during the donor’s lifetime

Question

Question: Zayd has four sons, one daughter and the son of a deceased daughter (Zayd’s daughter’s son). During his lifetime Zayd, ʿariyatan (عارية), declared a designated division of his estate to his four sons, one daughter and one daughter’s son. Now, in Zayd’s lifetime, the daughter who was living has passed away. How much of her share can this daughter’s husband be entitled to, or none at all? Explain, and you will be rewarded.

Answer

What does “ʿariyatan declaring a designated division of the estate” mean? If what is meant by it is a bequest (wasiyya), i.e. Zayd made a bequest: “After my death divide my estate in this way,” then this bequest itself is impermissible, because in it a bequest has been made in favour of heirs, and a bequest in favour of an heir is not executed without the permission of the…

Source: Fatawa Mahmudiyya

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