The agent does not take for himself except with the consent of the principal
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Fatwa number ( 21043 )
Q: My father (may Allah have mercy on him) passed away, leaving behind money and real estate. We are four siblings: two men and two sisters, and my mother. We have no minors. We sold the real estate after completing the legal procedures, from the certificate of heirs to other matters, and each of us took his right. We set aside one-third of our father’s estate, which he had bequeathed to us to be used for a path to build a mosque, and he instructed me to look for a mosque based on the attached power of attorney. I pursued this and found the land, obtained approval from the Ministry of Awqaf and clearance from the municipality, and began
the construction, and praise and grace belong to Allah. I will furnish and equip it with a sum of three thousand and three hundred and eighty-five. Your Eminence: I am suffering from diabetes, liver inflammation, and hardening of the ducts, and I support my wife and my children, who number nine, and the medical reports are attached. Is it permissible for me, according to the Shari'ah, to take from the completion of the mosque, including furnishing, equipping, and other things? Knowing that my intention is to make it a charity from his wealth, which I will spend in the causes of good. Guide us, O Your Eminence the Mufti, and may Allah preserve you.
A: It is obligatory for you to spend what remains in the causes of good, as the testator instructed regarding giving charity to the poor and charitable projects. As for you, you do not take anything from it; because you are an agent, and an agent does not take anything for himself in what he is entrusted with except by the permission of the principal. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father (may Allah have mercy on him) passed away, leaving behind money and real estate. We are four siblings: two men and two sisters, and my mother. We have no minors. We sold the real estate after completing the legal procedures, from the certificate of heirs to other matters, and each of us took his right. We set aside one-third of our father’s estate, which he had bequeathed to us to be used for a path to build a mosque, and he instructed me to look for a mosque based on the attached power of attorney. I pursued this and found the land, obtained approval from the Ministry of Awqaf and clearance from the municipality, and began
the construction, and praise and grace belong to Allah. I will furnish and equip it with a sum of three thousand and three hundred and eighty-five. Your Eminence: I am suffering from diabetes, liver inflammation, and hardening of the ducts, and I support my wife and my children, who number nine, and the medical reports are attached. Is it permissible for me, according to the Shari'ah, to take from the completion of the mosque, including furnishing, equipping, and other things? Knowing that my intention is to make it a charity from his wealth, which I will spend in the causes of good. Guide us, O Your Eminence the Mufti, and may Allah preserve you.
A: It is obligatory for you to spend what remains in the causes of good, as the testator instructed regarding giving charity to the poor and charitable projects. As for you, you do not take anything from it; because you are an agent, and an agent does not take anything for himself in what he is entrusted with except by the permission of the principal. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.