The Ruling on Changing the Bequests of the Parents and Merging Their Endowments
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Question:
A questioner says: Is it permissible to change the bequests of the parents and merge their endowments with each other, due to the high prices of real estate? The money that each of them bequeathed is not sufficient to buy a property for both of them to distribute charity and sacrifices. Please clarify for us: Is it permissible to change the bequest for the sake of the public interest? May Allah bless you.
Answer:
The default ruling regarding a bequest, if it is valid and meets the conditions, is that it is not permissible to change it. As for what you said about your parents' bequest not being sufficient to buy the property, the heirs must be consulted. Do they agree to waive their share to complete the endowment? If they do not permit this, the matter is referred to the authority in charge, and they go to the court to look into your case. Yes.
A questioner says: Is it permissible to change the bequests of the parents and merge their endowments with each other, due to the high prices of real estate? The money that each of them bequeathed is not sufficient to buy a property for both of them to distribute charity and sacrifices. Please clarify for us: Is it permissible to change the bequest for the sake of the public interest? May Allah bless you.
Answer:
The default ruling regarding a bequest, if it is valid and meets the conditions, is that it is not permissible to change it. As for what you said about your parents' bequest not being sufficient to buy the property, the heirs must be consulted. Do they agree to waive their share to complete the endowment? If they do not permit this, the matter is referred to the authority in charge, and they go to the court to look into your case. Yes.
Source
قناة «إذاعة القرآن الكريم»، نور على الدرب مع معالي الشيخ صالح الفوزان ح7540 — youtube.com (11:22)
The Arabic text is a machine transcription of the audio recording.