Impermissibility of including a bequest to someone who has a right, with the deceased in the one third
Since Wadha bint Hizam mentioned that
the house she bequeathed to Gaz`an and the daughters of Bint Shu`ayl is gifted in return for the debt Wadha owed to them and that Wadha bequeathed one third of her wealth and appointed Sarah as a proxy, bequeathing the one-third of the wealth is valid as well as having Sarah as her proxy. The house bequeathed to Gaz`an and the daughters of Bint Shu`ayl is not to be included in the one-third of Wadha's wealth as the house is bequeathed to them in return for the debt she owes to them. As for appointing someone to guard the house of Gaz`an and the daughters of Bint Shu`ayl, this is to be referred to the court for decision. Nominating (Part No. 16; Page No. 304) Sarah bint Abdul `Aziz as a proxy for the one-third of the wealth does not include the house bequeathed to Gaz'an and the daughters of Bint Shu`ayl. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.