Clarifying the Distinction Between the Wasīyyah (Will) and the Irth (Inheritance)
There is no differing among the scholars, that I know of, over the permissibility of a Muslim giving a wasīyyah to his kāfir relative, since they do not inherit from him. And Ṣafīyyah ibnt Huyay gave a wasīyyah to her Jewish brother
Abu al-ʿAbbās Mūsá Richardson
From the Book of Allāh:
“After (the distribution of) a wasīyyah that was intended, or a debt” [1]
In this verse, Allāh lays down the legislation for how irth is to be distributed. Then, He legislates that the irth is to be distributed after any wasīyyahs or debts. In the next āyah as well, Allāh repeats this distinction...