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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a bequest if the beneficiary dies before the testator

Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. If a person makes a bequest from his wealth, and after his death the beneficiary dies, does the bequest become an endowment (waqf) or does it revert to the heirs?

Answer:
If a person makes a bequest to a stranger and then that stranger dies, this follows the condition of the testator. If he said, “After my death, it is so-and-so or for his descendants,” then his condition is carried out. If he did not specify anything, but simply said, “It is for so-and-so,” and did not specify anything regarding those after him, then this is called a severed endowment or a severed bequest. It is returned to the needy among his heirs, because they are more deserving of his kindness.
Source قناة «العلامة الدكتور صالح الفوزان»، 34 من 89|شرح العدة في شرح العمدة|كتاب الوقف|باب عطية المريض|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:04:47)

The Arabic text is a machine transcription of the audio recording.

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