She wants to endow her house, and the endowment after her death
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Q: I am an elderly widow suffering from chronic illnesses. I have (5) children, (3) sons and two daughters, all of whom are employed and married, and their financial situation is very good. I own a small single-story house, similar to an apartment, in my personal name. My wish is to endow the entire house (Sibala) for the sake of Allah as a continuous charity after my death, with one of my children (the one who is of sound mind and fears Allah) acting as its trustee, and its proceeds to be used for various charitable works, so that my conscience is completely clear before Allah (Glorified and Exalted is He) in this world and the Hereafter. My question is: A- What are the Sharia procedures by which I can
endow this entire house (Sibala)? B- If some unavoidable circumstances occur that require me to sell this house while I am alive, and the house has already been endowed, am I permitted to cancel this endowment during my lifetime?
A: It is permissible for the questioner to endow her house as an immediate endowment during her lifetime, as long as she is in full health, and she does not have the right to revoke this endowment. It is also permissible for her to bequeath the endowment of her house after her death, and in this case, she has the right to revoke it during her lifetime. However, it is a condition that the value of the house bequeathed as an endowment does not exceed one-third of her wealth; if its value exceeds one-third, the excess over one-third is not executed unless the heirs approve. The endowment does not require special procedures; rather, it is sufficient for her to say, "I have endowed my house as an immediate endowment for Allah (Mighty and Majestic)," if she wants to endow it during her lifetime, or to say, "I bequeath that it be an endowment after my death," or similar phrases. However, it is better for her to write this down and have it witnessed, and if it is easy for her to go to the Office of the Notary Public and obtain a deed for it, that is preferable.
endow this entire house (Sibala)? B- If some unavoidable circumstances occur that require me to sell this house while I am alive, and the house has already been endowed, am I permitted to cancel this endowment during my lifetime?
A: It is permissible for the questioner to endow her house as an immediate endowment during her lifetime, as long as she is in full health, and she does not have the right to revoke this endowment. It is also permissible for her to bequeath the endowment of her house after her death, and in this case, she has the right to revoke it during her lifetime. However, it is a condition that the value of the house bequeathed as an endowment does not exceed one-third of her wealth; if its value exceeds one-third, the excess over one-third is not executed unless the heirs approve. The endowment does not require special procedures; rather, it is sufficient for her to say, "I have endowed my house as an immediate endowment for Allah (Mighty and Majestic)," if she wants to endow it during her lifetime, or to say, "I bequeath that it be an endowment after my death," or similar phrases. However, it is better for her to write this down and have it witnessed, and if it is easy for her to go to the Office of the Notary Public and obtain a deed for it, that is preferable.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
