Özet:

The term tereke, which literally means something abandoned and left behind, means the property left behind by the inheritor and distributed among the heirs. After the death of the heir, the in-kind debts, funeral expenses and debts of the heir are paid respectively, then the testament is fulfilled. The fulfillment of the testament is one of the rights on the estate and it takes place after the funeral expenses of the deceased and payment of the debts and before the distribution of the estate to the heirs. The 180th verse of the chapter of al-Baqara is the basis of different views on whether the will is wajib or mustahab. When this verse is evaluated together with the hadith "…there is no bequest to an heir", it is obvious that a testament can be made to relatives who do not inherit. This article examines different views on the provision of making a will to relatives, together with their evidence and consequences. The issue of the orphan of the grandfather, which is one of the most discussed and brought up issues in Islamic inheritance law, is also about whether the will is wajib. This situation reveals the importance of this article. The 8th verse of the chapter of Nisa, in which it is mentioned that the right of eyes from the inheritance property is given to relatives, orphans and the poor who are present in the division of the estate but do not have a share in the inheritance, is at the center of the opinions and disagreements about the right of eyes in the heritage. According to some jurists, this verse is abrogated by inheritance and testament verses, while it is muhkam according to the majority. This article examines these controversial views together with their evidence and justifications.

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