The sale of a house in which a bequest has been made for a portion of it
Machine translationRead the Arabic original
The questioner:
May Allah grant you success, O Shaykh. If the estate includes a house in which a bequest has been made for charitable works, and the heirs wish to reside in the estate, what should they do with this house? Should they rent it out and use the money for the charitable works, or what should they do? May Allah grant you success.
The Shaykh:
A house in which a bequest has been made for a portion of it, or in which a portion has been endowed, is not sold. Rather, it is rented out, and the rent is distributed between the heirs' share and the bequest's share. However, if the judge, who is the authority, sees that it should be sold, then it is sold.
The questioner:
I repeat the question. If the heirs wish to secure the estate, what should they do with this house? Should it be sold and the money placed in trust?
The Shaykh:
The house is not sold except with the judge's permission. However, if one of the heirs wishes to sell his share, there is no objection. He sells his share of the house, and the buyer takes his place. As for the house itself, it is not sold in its entirety. But if one of the heirs wishes to sell his share, there is no harm in him selling it.
May Allah grant you success, O Shaykh. If the estate includes a house in which a bequest has been made for charitable works, and the heirs wish to reside in the estate, what should they do with this house? Should they rent it out and use the money for the charitable works, or what should they do? May Allah grant you success.
The Shaykh:
A house in which a bequest has been made for a portion of it, or in which a portion has been endowed, is not sold. Rather, it is rented out, and the rent is distributed between the heirs' share and the bequest's share. However, if the judge, who is the authority, sees that it should be sold, then it is sold.
The questioner:
I repeat the question. If the heirs wish to secure the estate, what should they do with this house? Should it be sold and the money placed in trust?
The Shaykh:
The house is not sold except with the judge's permission. However, if one of the heirs wishes to sell his share, there is no objection. He sells his share of the house, and the buyer takes his place. As for the house itself, it is not sold in its entirety. But if one of the heirs wishes to sell his share, there is no harm in him selling it.
Source
شرح زاد المستقنع [63] — alfawzan.live (1:00:20)
The Arabic text is a machine transcription of the audio recording.