Advice to Executors Regarding the Execution of a Bequest
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Question:
Your Eminence, the father, says: The advice is for those who are executors of their parents' estates and then fall short in fulfilling this estate regarding the daughters.
Answer:
This bequest is a trust that the testator placed upon the executor, so he must preserve it and carry it out. He must execute it as the testator stated, unless the bequest contradicts the Book and the Sunnah, in which case it is not permissible to execute it. So,[An-Nisa 4:128] upon him. So, whoever fears injustice or sin from a testator, there is no blame on him. Yes. Yes. So, the result is that a bequest of injustice is not permissible, and it is injustice and oppression; it is not permissible to execute it. As for a bequest of justice, it is obligatory to execute it. Allah the Exalted and Majestic said: [Al-Baqarah 2:181-182] rectify. So, injustice is rectified, but who rectifies the injustice? It is the judge. One returns to the Shari'ah court, and the bequest is presented to the judge, who rectifies it if it is not valid. Yes.
The presenter:
May Allah reward you
Your Eminence, the father, says: The advice is for those who are executors of their parents' estates and then fall short in fulfilling this estate regarding the daughters.
Answer:
This bequest is a trust that the testator placed upon the executor, so he must preserve it and carry it out. He must execute it as the testator stated, unless the bequest contradicts the Book and the Sunnah, in which case it is not permissible to execute it. So,
fears from her husband contempt or evasion, there is no sin
خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ(181) Then whoever alters the bequest after he has heard it - the sin is only upon those who have altered it. Indeed, Allah is Hearing and Knowing. (182) But if one fears from the bequeather [some] error or sin and corrects that which is between them, there is no sin upon him. Indeed, Allah is Forgiving and Merciful.
فَمَن بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ فَمَنْ خَافَ مِن مُّوصٍ جَنَفًا أَوْ إِثْمًا فَأَصْلَحَ بَيْنَهُمْ فَلَا إِثْمَ عَلَيْهِ إِنَّThe presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-016-الإيمان حقيقته أركانه شعبه ثمراته|صالح الفوزان|كبار العلماء — youtube.com (1:05:12)
The Arabic text is a machine transcription of the audio recording.