Bequeathing an unstipulated amount for a non-heir
Question:-
A deceased person was divorced from his first wife. However, he made a Wasiyyah that a ‘little’ amount should be given to his former wife from his estate. The amount is not stipulated, so how much should be given to her?
Answer:-
The Fuqaha have stated that if a person bequeaths a portion of his wealth then his heirs will be told to fulfil the Wasiyyat by giving any amount that they (the heirs) wish to give. In other words they (the heirs) will decide and stipulate the amount that the former wife is to receive. The reasoning provided by the jurists is that an ambiguous amount (that is not stipulated by the testator) includes a small amount as well as a large amount. However, such ambiguity does not prevent one from fulfilling the Wasiyyah. In such a scenario, the inheritors become the substitutes of the testator in determining the amount; hence they will be required to provide the amount.
References:-
(وإن أوصى بجزء من ماله قيل للورثة: أعطوه ما شئتم)، لأنه مجهول يتناول القليل والكثير، غير أن الجهالة لا تمنع صحة الوصية، والورثة قائمون مقام الموصي، فإليهم البيان، هداية. (اللباب ص228)