Combining the non-implementation of a bequest before death with the consideration of its value
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. We know that a bequest is not implemented except after death, and we said that if the beneficiary does not take the bequest before the death of the bequeather, its value is considered at the time of death. How do you reconcile these two, may Allah preserve you?
Answer:
The discussion regarding the value is not about ownership; that is, taking it, but he does not own it except after death. Even if he takes it before death, it becomes his, but he does not own it except after death. This is the intended meaning: he does not own it except after death, even if he takes it before death. Yes.
Honorable Shaykh, may Allah grant you success. We know that a bequest is not implemented except after death, and we said that if the beneficiary does not take the bequest before the death of the bequeather, its value is considered at the time of death. How do you reconcile these two, may Allah preserve you?
Answer:
The discussion regarding the value is not about ownership; that is, taking it, but he does not own it except after death. Even if he takes it before death, it becomes his, but he does not own it except after death. This is the intended meaning: he does not own it except after death, even if he takes it before death. Yes.
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 (1:07:22)
The Arabic text is a machine transcription of the audio recording.
