How to divide the estate
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All praise is due to Allah alone, and may prayers and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the Grand Mufti from the honorable judge of the Shari'ah court in Ajman in the United Arab Emirates , which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4200) and date 26/3/1424 AH. His Excellency asked a question, the text of which is as follows: We received the attached inquiry, the text of which is: We inform you that we received an inquiry from one of the brothers stating that he has two uncles ( Musfir and Sa'd ), and that Musfir has been afflicted with an illness for eighteen years, and it is not known whether it is a mental illness, sorcery, or something else? He was admitted to the health hospital several times, and he has come to dislike his brothers and his community, and he no longer greets them, although he knows the time, place, and people, and he frequently recites the Qur'an, and he has a shop where he buys and sells.
vegetables in the 'Atiqah market. Then the illness worsened with him until he stopped buying and selling and isolated himself from people five years before his death. He began praying in his house and did not allow anyone to enter. He said: I do not want anyone from my community to inherit anything from my wealth, and do not stand at my grave. He wrote a will in which he bequeathed all his wealth, and he died eight years later in 1417 AH. His full brother Sa'd refused to pay out one-third of the wealth on the grounds that his brother was not competent to dispose of his property and that his will was not valid. Sometimes he says that he will pay out the one-third after investing the wealth for his own benefit. We hope for information on the ruling in this matter after he invests the wealth for his own benefit, and we hope for information on the ruling in this matter regarding the validity of the one-third in his will or its invalidity. It was referred to His Eminence Shaykh Abdul Aziz ibn Abdullah ibn Baz (may Allah have mercy on him), and a fatwa was issued from him on 22/12/1418 AH stating the obligation to pay out the one-third in what he bequeathed, and the rest to the heirs, if they do not allow the execution of the will for all the wealth. Then, the full brother of the testator, Sa'd , who had refused to pay out the one-third, was afflicted with a mental condition due to a stroke or dementia, so he no longer knows the time or place, nor does he perform prayer properly or manage his condition or his wealth. He is about seventy years old. His wife and his adult children have insisted on paying out this one-third, which was ruled upon, from the wealth of his brother Musfir to clear their conscience, and perhaps it will be a cause for his healing. Therefore, we hope for clarification of the ruling on his children paying out this one-third from his wealth while he is in
this condition, whether before or after his being placed under guardianship, as they desire the issuance of a Shari'ah fatwa in this matter. May Allah guide you to truth and good.
After the Committee's study of the inquiry, it answered that it is necessary to pay out the one-third from all the wealth left by Musfir , the one about whom the inquiry was made, after paying off any debts he may have, whether the wealth of the testator is in the hands of his brother Sa'd or in the hands of someone else, as His Eminence Shaykh Abdul Aziz ibn Baz (may Allah have mercy on him) issued a fatwa to that effect. A trustworthy person appointed by the court shall undertake this task, whether from among the children of the testator's brother Sa'd or from among others.
vegetables in the 'Atiqah market. Then the illness worsened with him until he stopped buying and selling and isolated himself from people five years before his death. He began praying in his house and did not allow anyone to enter. He said: I do not want anyone from my community to inherit anything from my wealth, and do not stand at my grave. He wrote a will in which he bequeathed all his wealth, and he died eight years later in 1417 AH. His full brother Sa'd refused to pay out one-third of the wealth on the grounds that his brother was not competent to dispose of his property and that his will was not valid. Sometimes he says that he will pay out the one-third after investing the wealth for his own benefit. We hope for information on the ruling in this matter after he invests the wealth for his own benefit, and we hope for information on the ruling in this matter regarding the validity of the one-third in his will or its invalidity. It was referred to His Eminence Shaykh Abdul Aziz ibn Abdullah ibn Baz (may Allah have mercy on him), and a fatwa was issued from him on 22/12/1418 AH stating the obligation to pay out the one-third in what he bequeathed, and the rest to the heirs, if they do not allow the execution of the will for all the wealth. Then, the full brother of the testator, Sa'd , who had refused to pay out the one-third, was afflicted with a mental condition due to a stroke or dementia, so he no longer knows the time or place, nor does he perform prayer properly or manage his condition or his wealth. He is about seventy years old. His wife and his adult children have insisted on paying out this one-third, which was ruled upon, from the wealth of his brother Musfir to clear their conscience, and perhaps it will be a cause for his healing. Therefore, we hope for clarification of the ruling on his children paying out this one-third from his wealth while he is in
this condition, whether before or after his being placed under guardianship, as they desire the issuance of a Shari'ah fatwa in this matter. May Allah guide you to truth and good.
After the Committee's study of the inquiry, it answered that it is necessary to pay out the one-third from all the wealth left by Musfir , the one about whom the inquiry was made, after paying off any debts he may have, whether the wealth of the testator is in the hands of his brother Sa'd or in the hands of someone else, as His Eminence Shaykh Abdul Aziz ibn Baz (may Allah have mercy on him) issued a fatwa to that effect. A trustworthy person appointed by the court shall undertake this task, whether from among the children of the testator's brother Sa'd or from among others.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.