Before my grandfather died, he left a will in which the lands and buildings are divided. He brought the witnesses and they signed it. In that will my grandfather wrote nearly everything for the males, while wrote only a small room for females. 

Firstly: what is the ruling on this will? Is it invalid according to what the prophet (PBUH) said: “there’s no will concerning the heirs”. 

Secondly: when the females asked for their rights, the males refused totally but to implement what is in the will, what is the ruling on their situation?.


Praise be to Allaah.

It is not
permissible to make a bequest to heirs, because of the report narrated by
Abu Dawood (2870), al-Tirmidhi (2120), al-Nasaa’i (4641) and Ibn Majaah
(2713) from Abu Umaamah (may Allaah be pleased with him) who said: I heard
the Messenger of Allaah (peace and blessings of Allaah be upon him)
say: “Allaah has given each person who has rights his rights, and there is
no bequest for an heir.” Classed as saheeh by al-Albaani in Saheeh Abi
Dawood. 

This will
should not be executed except with the consent of the heirs, because the
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“It is not permissible to bequeath something to an heir unless the other
heirs agree.” Narrated by al-Daaraqutni; classed as hasan by al-Haafiz Ibn
Hajar in Buloogh al-Maraam.  

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (6/58): If (the
deceased) left a bequest to an heir, and it is not approved of by the other
heirs, then it is not valid, and there is no difference of opinion among the
scholars on this point. Ibn al-Mundhir and Ibn ‘Abd al-Barr said: The
scholars are unanimously agreed on this point and there are reports from the
Messenger of Allaah (peace and blessings of Allaah be upon him)
concerning that. Abu Umaamah narrated: I heard the Messenger of Allaah
(peace and blessings of Allaah be upon him) say: “Allaah has given each
person who has rights his rights, and there is no bequest for an heir.” 
Narrated by Abu Dawood, Ibn Majaah and al-Tirmidhi … If they allow it, it is
permissible, according to the majority of scholars. End quote. 

It says in
Fataawa al-Lajnah al-Daa’imah (16/317): It is not permissible to
bequeath more than one-third, and it is not valid to bequeath to an heir,
unless the adult heirs give their consent with regard to their share,
because the Prophet (peace and blessings of Allaah be upon him) said:
“Allaah has given each person who has rights his rights, and there is no
bequest for an heir.”

Narrated by Ahmad, Abu Dawood, al-Tirmidhi and Ibn Majaah, and by
al-Daaraqutni who added at the end: “unless the heirs agree.” End quote. 

Based on this,
what your grandfather did of bequeathing to the males and depriving the
females is wrongdoing and a grave sin, for wealth belongs to Allaah and man
is appointed as vice-gerent over it, to look after it in a manner that
pleases Allaah. Allaah has allocated the shares of inheritance Himself, and
has warned against transgressing His limits. After mentioning the shares of
inheritance, Allaah says (interpretation of the meaning): 

“These are
the limits (set by) Allaah (or ordainments as regards laws of inheritance),
and whosoever obeys Allaah and His Messenger (Muhammad
صلى الله عليه وسلم) will be admitted to
Gardens under which rivers flow (in Paradise), to abide therein, and that
will be the great success.

14. And
whosoever disobeys Allaah and His Messenger (Muhammad
صلى الله عليه وسلم), and transgresses
His limits, He will cast him into the Fire, to abide therein; and he shall
have a disgraceful torment”

[al-Nisa’
4:13, 14] 

It is strange
that this man ended his life with wrongdoing and sin, and insisted on
leaving behind mistreatment, deprivation and severing of family ties when he
died. 

What the heirs
must do is cancel this bequest and divide the inheritance as enjoined by
Allaah; it is not permissible for them to transgress against the rights of
the females in accordance with this bequest. 

If they do so,
they will be partners with this grandfather in sin and transgression, rather
their sin will be even greater and even worse, because they are the ones who
usurped the right from those who were entitled to it. We ask Allaah to guide
them.   

And Allaah
knows best.