Helping some of his children get married and bequeathing the same thing to be done with his other children

Q 7: A person had nine children; he provided for the education of some of them until they completed studies, and helped with the marriage expenses of others who reached the age of marriage by building houses for them. He intended to offer equal provision for all his children, but he died before completing the education and marriage of all of them. He bequeathed a portion of his wealth for this purpose and the rest of it should be distributed among the nine children according to the Shari`ah (Islamic law). However, it was said that this portion (Part No. 16; Page No. 319) should be included in the inheritance due to all heirs and that no bequest must be made to an heir. It was, thus, suggested that all the children should waive their shares in this portion of wealth and give it as a gift to those who have not completed their education nor got married yet. Is the father's will invalid? Is it true that no bequest must be made to an heir? Is it permissible for some inheritors to waive their shares in this money? Is it permissible for the recipients of this portion to accept their brothers' gift?

A: If the competent inheritors agree to execute this will related to their shares in this portion, this is all right and it is permissible for the recipients to take it. If not, the matter should be referred to the Shari`ah court. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.