Bequeathing an apartment as a waqf (endowment) after death
Machine translationRead the Arabic original
Question:
And I said: O people of the Shaykh, may Allah have mercy on you. If a man bequeaths that one of the apartments in his building be made a waqf (endowment) after his death, and after his death the heirs want to divide the estate and sell the building, what do they do with the bequest in this state? Is it not obligatory
Answer:
to follow the course of a bequest? If he bequeaths that something of his wealth after his death be made a waqf (endowment), this takes the rulings of a bequest. If it is from the one-third or less, and it is for a non-heir, then it is binding; it is a binding bequest. But if it is for a co-heir, or if it is more than the one-third, then it is not permissible except with the consent of the heirs. In any case, this must be referred to the judges.
And I said: O people of the Shaykh, may Allah have mercy on you. If a man bequeaths that one of the apartments in his building be made a waqf (endowment) after his death, and after his death the heirs want to divide the estate and sell the building, what do they do with the bequest in this state? Is it not obligatory
Answer:
to follow the course of a bequest? If he bequeaths that something of his wealth after his death be made a waqf (endowment), this takes the rulings of a bequest. If it is from the one-third or less, and it is for a non-heir, then it is binding; it is a binding bequest. But if it is for a co-heir, or if it is more than the one-third, then it is not permissible except with the consent of the heirs. In any case, this must be referred to the judges.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/101 شرح زاد المستقنع/ صالح الفوزان — youtube.com (59:47)
The Arabic text is a machine transcription of the audio recording.