Ruling on the execution of a deceased person's bequest
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Q558: The questioner says: My husband, before he passed away last year, bequeathed a quarter of his wealth as a continuous charity. He entrusted one of his adult, trustworthy children with this. Are we obligated to carry this out, and what are the conditions of a bequest in such a case? May you be rewarded.
A558: It is recommended for one who leaves behind good, which is a large amount of wealth, to bequeath no more than a third of his wealth after his death: a third, a quarter, or a sixth. The maximum limit is a third. The Prophet (peace and blessings be upon him) said: This is to be in the path of good and in righteous deeds after his death, so that its benefit continues to flow to him. This is a sunnah (recommended practice), and it is a charity by which Allah bestows favor upon His servants. As for what the questioner mentioned
about their deceased husband bequeathing a quarter, this amount is permissible by the Shari'ah. However, it must be documented in the Shari'ah court. If there is a Shari'ah document, it is taken to the judge for his approval. If there is no document and it is only an oral bequest from the deceased, then two just witnesses must go to the judge to establish the bequest and obtain a Shari'ah certificate. The important point is that it must be documented with the judge.
A558: It is recommended for one who leaves behind good, which is a large amount of wealth, to bequeath no more than a third of his wealth after his death: a third, a quarter, or a sixth. The maximum limit is a third. The Prophet (peace and blessings be upon him) said:
A third, and a third is a lot.
الثلث والثلث كثيرabout their deceased husband bequeathing a quarter, this amount is permissible by the Shari'ah. However, it must be documented in the Shari'ah court. If there is a Shari'ah document, it is taken to the judge for his approval. If there is no document and it is only an oral bequest from the deceased, then two just witnesses must go to the judge to establish the bequest and obtain a Shari'ah certificate. The important point is that it must be documented with the judge.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.