Does the overseer of a bequest eat from it?
Machine translationRead the Arabic original
The second question of Fatwa No. ( 21414 )
Q2: If a deceased person bequeaths that one-third of his wealth be spent on acts of charity and righteousness, is it permissible for the overseer or the executor to eat from this one-third in exchange for his effort, or is it permissible to add this one-third to his own wealth if he is in need of it, or should he execute the bequest according to what was specified, and is this one-third considered an endowment? Please issue a ruling, may Allah reward you with good.
A2: If a person bequeaths one-third of his wealth and specifies its destinations and appoints a person as the executor of the bequest, it is obligatory for the executor to adhere to executing the bequest according to the lawful means specified by the bequeather. If the bequeather specified an amount from the yield of the one-third to be the wage for the one executing the bequest, this amount becomes the right of the person for whom it was designated. If the bequeather did not specify any wage, but there is a custom that the one executing the bequest takes the standard wage, it is permissible for him to take it based on what the custom requires. If there is no custom, the judicial authority should be consulted to determine his wage.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If a deceased person bequeaths that one-third of his wealth be spent on acts of charity and righteousness, is it permissible for the overseer or the executor to eat from this one-third in exchange for his effort, or is it permissible to add this one-third to his own wealth if he is in need of it, or should he execute the bequest according to what was specified, and is this one-third considered an endowment? Please issue a ruling, may Allah reward you with good.
A2: If a person bequeaths one-third of his wealth and specifies its destinations and appoints a person as the executor of the bequest, it is obligatory for the executor to adhere to executing the bequest according to the lawful means specified by the bequeather. If the bequeather specified an amount from the yield of the one-third to be the wage for the one executing the bequest, this amount becomes the right of the person for whom it was designated. If the bequeather did not specify any wage, but there is a custom that the one executing the bequest takes the standard wage, it is permissible for him to take it based on what the custom requires. If there is no custom, the judicial authority should be consulted to determine his wage.
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.