Disposing of the bequest's wealth by lending from it
Machine translationRead the Arabic original
The Shaykh:
Good evening.
The presenter:
Peace be upon you.
The Shaykh:
Peace be upon you.
The presenter:
And upon you be peace.
The Shaykh:
Peace.
The questioner:
May Allah keep you safe. A bequest was made for one-third of my father’s estate. Do you hear me? Yes. A bequest was made for one-third of my father’s estate, and I have left it as it is; it has not yet been distributed. It has not yet been distributed among the heirs. It is currently in the court, and there is back and forth. I am spending according to his bequest on sacrifices and charity. If they finish with the estate and my father’s right is deducted from it, is this permissible or not?
The Shaykh:
No, this is not permissible. Rather, you are considered a donor. You are considered to be donating this thing. Do not count it against the bequest. If you receive the bequest, execute it as the testator bequeathed. As for you lending it or putting something into it, that is a donation from you, and you do not take it back. Because there is no second party to the loan. There is no second party to the loan. Yes.
The presenter:
May Allah reward you.
Good evening.
The presenter:
Peace be upon you.
The Shaykh:
Peace be upon you.
The presenter:
And upon you be peace.
The Shaykh:
Peace.
The questioner:
May Allah keep you safe. A bequest was made for one-third of my father’s estate. Do you hear me? Yes. A bequest was made for one-third of my father’s estate, and I have left it as it is; it has not yet been distributed. It has not yet been distributed among the heirs. It is currently in the court, and there is back and forth. I am spending according to his bequest on sacrifices and charity. If they finish with the estate and my father’s right is deducted from it, is this permissible or not?
The Shaykh:
No, this is not permissible. Rather, you are considered a donor. You are considered to be donating this thing. Do not count it against the bequest. If you receive the bequest, execute it as the testator bequeathed. As for you lending it or putting something into it, that is a donation from you, and you do not take it back. Because there is no second party to the loan. There is no second party to the loan. Yes.
The presenter:
May Allah reward you.
Source
قناة «مكة و المدينة»، 06 فتاوى على الهواء - 09 / 03 / 1433هـ _ الشيخ صالح الفوزان — youtube.com (45:47)
The Arabic text is a machine transcription of the audio recording.