because, in this case, the cause of the heirs’ inheritance from him has already come into effect, and they therefore have a right to the property. Thus, if something is given to an heir, this constitutes transgressing the limits set by Allah, for Allah, Most High, has apportioned the deceased’s estate among the heirs in an unquestionably just division. As the Prophet ﷺ said: “Allah has given everyone entitled to a right his due; therefore, there is no bequest for an heir.” (1)

But may he give something to an heir? The answer is: no, it is not permissible. This is why such a gift is not binding, in light of the Prophet’s ﷺ statement: “Whoever performs a deed that is not in accordance with our matter shall have it rejected.” (2) This applies even if the heir is not one of the children. For example, if a man has brothers but no children, and, when afflicted with a life-threatening illness, gives one of his brothers half or a quarter of his wealth, this is not permissible, and the gift is not binding. He is an heir, and the donor is in a terminal illness; thus, it is feared that he gave this heir something so that he might receive more from the estate than the others.

It is understood from his statement, “his donation to an heir,” that if he enters into a transaction with an heir through a sale or lease without any preferential concession, then the sale and lease are binding. Likewise, if he spends on an heir during this life-threatening illness, that is permissible, because