Writing a will for the purpose of harming one of the heirs

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One of the basic principles of Sharee'ah is that there should be neither harming nor reciprocating harm. One example of this harm is writing a will that deprives one or some of the legitimate heirs of his or their rights. Such a person is warned by the Prophet (peace and blessings of Allaah be upon him): "Whoever harms (others), Allaah will harm him, and whoever makes things difficult for others, Allaah will make things difficult for him." (Reported by Imaam Ahmad, 3/453; see also Saheeh al-Jaami', 6348). Ways in which a person's will can harm others is by denying an heir of his rights, or giving an heir more than he is entitled to in Sharee'ah, or by bequeathing more than a third to any one person.

In places where people are not subject to the rule of Sharee'ah, it may be difficult for a person to take what is his by rights granted by Allaah, because courts that apply man-made laws may order that the unfair will registered with a lawyer be executed. "Woe to them for what their hands have written and woe to them for that they earn thereby." [al-Baqarah 2:79]

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