A man endowed a portion of his property during his lifetime, then bequeathed one-third of his estate as an endowment upon his death. Does the first endowment count toward the one-third?
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Question:
May Allah reward you with good and do you well. He says: Our father passed away after he had endowed a portion of his wealth. Upon his death, he requested that one-third of his wealth be made an endowment for charity and benefits for the sake of good. At that point, the heirs disagreed on how to reconcile the endowment with the one-third of the estate. May Allah reward you with good.
Answer:
There is no conflict between the endowment and the one-third. If the endowment was executed during his lifetime, it has already taken place and exited his wealth. The one-third applies only to his wealth at the time of death, specifically to the remainder of his wealth at the time of death. Therefore, the bequest is also executed, provided it is within the limit of one-third, for the sake of intellect and for a non-heir. It is executed and does not conflict with the endowment.
May Allah reward you with good and do you well. He says: Our father passed away after he had endowed a portion of his wealth. Upon his death, he requested that one-third of his wealth be made an endowment for charity and benefits for the sake of good. At that point, the heirs disagreed on how to reconcile the endowment with the one-third of the estate. May Allah reward you with good.
Answer:
There is no conflict between the endowment and the one-third. If the endowment was executed during his lifetime, it has already taken place and exited his wealth. The one-third applies only to his wealth at the time of death, specifically to the remainder of his wealth at the time of death. Therefore, the bequest is also executed, provided it is within the limit of one-third, for the sake of intellect and for a non-heir. It is executed and does not conflict with the endowment.
Source
قناة «العلامة الدكتور صالح الفوزان»، رجل أوقف في حياته ثم أوصى بالثلث وقفا عند وفاته، فهل يحسب الوقف الأول من الثلث؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
