He wants to bequeath most of his wealth as an endowment after his death
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Q: I hope you will issue a ruling on the following: Is it valid for me to write in my will that, upon my death, most of my property be made an endowment, or sold and spent on charitable causes? On the condition that this endowment takes effect from the first day of my death; because I want to invest it in charitable causes myself as long as I am alive, and then it should pass to charitable causes after my death; since some charitable organizations do not care about endowments, and they may become inactive for the most trivial reasons. I have personally seen endowments that have been inactive for decades, even though they could be invested. Does ownership of these properties pass directly to the heirs after my death, and is it not valid for me to bequeath them as an endowment after my death? I will leave my retirement salary, which is approximately ten thousand riyals, to the heirs, who are: a wife with two sons and seven daughters from her, and a son and three daughters from a divorced wife. This salary will be exclusively for them. The eldest son is married and has a job, and my wife is the mother of the young children
who receives a monthly salary of approximately nine thousand riyals. I mean that in this case, I will leave them wealthy with housing and a salary. As for the rest of the properties, my desire is to bequeath them as an endowment, as I mentioned above. My goal is not to deprive them of this inheritance, but rather my goal is to meet my Lord with a deed that will intercede for me with Him, (Glorified and Exalted is He). There is no problem in this family that prompted me to do this, but rather it is the desire for what is with Allah (Glorified and Exalted is He). I am fifty years old and in the best of health, praise be to Allah. I want to bequeath a specific part of the housing to my wife, as she shared her salary with me throughout our twenty-five years of marriage, and she is content with this. I hope you will issue a ruling on these questions. May Allah guide you and those who work with you to the best.
A: It is permissible for you to bequeath one-third or less of your wealth after your death to charitable causes, after paying off debts, and what remains belongs to your heirs according to the division prescribed by Allah the Exalted. As for the endowment, if you make something an immediate endowment, it exits your ownership from the time of the endowment, and this is better. It is permissible for you to exclude the benefit of using it during your lifetime. However, if you make an endowment contingent upon death, it takes the ruling of a bequest. It is not permissible for you to bequeath anything to your wife, who is an heir, due to the saying of the Prophet (peace and blessings be upon him): It is good for you to give her during your lifetime, in return for what she shared, whatever pleases her heart.
who receives a monthly salary of approximately nine thousand riyals. I mean that in this case, I will leave them wealthy with housing and a salary. As for the rest of the properties, my desire is to bequeath them as an endowment, as I mentioned above. My goal is not to deprive them of this inheritance, but rather my goal is to meet my Lord with a deed that will intercede for me with Him, (Glorified and Exalted is He). There is no problem in this family that prompted me to do this, but rather it is the desire for what is with Allah (Glorified and Exalted is He). I am fifty years old and in the best of health, praise be to Allah. I want to bequeath a specific part of the housing to my wife, as she shared her salary with me throughout our twenty-five years of marriage, and she is content with this. I hope you will issue a ruling on these questions. May Allah guide you and those who work with you to the best.
A: It is permissible for you to bequeath one-third or less of your wealth after your death to charitable causes, after paying off debts, and what remains belongs to your heirs according to the division prescribed by Allah the Exalted. As for the endowment, if you make something an immediate endowment, it exits your ownership from the time of the endowment, and this is better. It is permissible for you to exclude the benefit of using it during your lifetime. However, if you make an endowment contingent upon death, it takes the ruling of a bequest. It is not permissible for you to bequeath anything to your wife, who is an heir, due to the saying of the Prophet (peace and blessings be upon him):
There is no bequest for an heir
لا وصية لوارث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.