A man bequeathed the fruit of a tree when it bears fruit; is his bequest carried out?
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Question:
He says: Honorable Shaykh, may Allah grant you success, how does a person bequeath something that does not exist at the time of the bequest, such as bequeathing what this tree has borne, and the tree has already passed to the heirs?
Answer:
Yes. He says: How does a person bequeath? The bequest is carried out; because the fruit of the tree is less than one-third of his wealth. As for if its fruit is more than one-third, it is not carried out except to the extent of one-third. Yes.
He says: Honorable Shaykh, may Allah grant you success, how does a person bequeath something that does not exist at the time of the bequest, such as bequeathing what this tree has borne, and the tree has already passed to the heirs?
Answer:
Yes. He says: How does a person bequeath? The bequest is carried out; because the fruit of the tree is less than one-third of his wealth. As for if its fruit is more than one-third, it is not carried out except to the extent of one-third. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1570 -2802] رجل أوصى بثمر شجرة إذا أثمرت، هل تنفذ وصيته؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.