The ruling on bequeathing an apartment in a building as an endowment and the heirs dividing the estate
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man bequeaths that one of the apartments in his building be made an endowment (waqf) after his death, and after his death the heirs want to divide the estate and sell the building, what do they do with the endowment in this situation?
Answer:
This follows the course of a bequest. If he bequeaths that something of his wealth after his death be made an endowment, then it takes the rulings of a bequest; the rulings of a bequest are applied to it. If it is one-third or less, and it is for a non-heir, then it is binding; it is a binding bequest. But if it is for a heir, or if it is more than one-third, then it is not permissible except with the consent of the heirs. In any case, this must be referred to the judge.
He says: Honorable Shaykh, may Allah grant you success. If a man bequeaths that one of the apartments in his building be made an endowment (waqf) after his death, and after his death the heirs want to divide the estate and sell the building, what do they do with the endowment in this situation?
Answer:
This follows the course of a bequest. If he bequeaths that something of his wealth after his death be made an endowment, then it takes the rulings of a bequest; the rulings of a bequest are applied to it. If it is one-third or less, and it is for a non-heir, then it is binding; it is a binding bequest. But if it is for a heir, or if it is more than one-third, then it is not permissible except with the consent of the heirs. In any case, this must be referred to the judge.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٦٣-باب الوقف - الهبة - ٢٩-١-٢٤ هـ — archive.org (1:04:42)
The Arabic text is a machine transcription of the audio recording.