If one bequeaths the construction of a mosque during his lifetime, and the execution of that is delayed until he dies, then the allocated amount is not executed except with the consent of the sane heirs
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Fatwa number ( 12389 )
Q: My mother passed away (may Allah have mercy on her) on 6/5/1409 AH, in a hospital in 'Asir, and I have an amount of 13,000 riyals belonging to her, which she gave me during her lifetime, and asked me to build a mosque with it, and she said to me: if the costs of the mosque increase, I gave you the rest. So, is it permissible to take from the remaining inheritance what completes the mosque, or should I put in money from my own funds to complete the construction of the mosque without taking from her inheritance? She has four married sons, I am one of them, and four married daughters, each of them with a husband. There is furniture, bedding, utensils, and a flock of twenty sheep left behind her, and an amount of money of five thousand riyals or less. There is a debt on some people to her, amounting to approximately four thousand riyals. She had no debt and did not bequeath anything. One of her sons has an amount of eight thousand riyals as a loan from her. One of her sons has an amount of two thousand riyals as a loan from her. I am her eldest son and I wish to be dutiful to my mother, and I want to do anything that reaches her, such as: voluntary fasting or voluntary prayer or charity. So I ask for your guidance on what are the righteous deeds whose reward reaches my mother? Also, I ask: is it permissible to supplicate for mercy and forgiveness for her, and for our parents, and for the parents of our parents, and for the Muslims in general, in the prostration in prayer? Is there any obstacle to that supplication and other supplications
of goodness? We also ask for information: is it permissible to collect her inheritance and collect all the debts, the sheep, and the furniture, and divide it among her sons and daughters and her husband -our father- before establishing the mosque, or do we collect it and build the mosque and distribute what remains among the heirs? And do we ask her sons to collect the debt that is on them to her, or do we leave it to them? We also ask: if one of her sons leaves his share in her inheritance, what do we do with what he leaves? Because some of her sons say: he does not take anything from her inheritance.
A: First: You have no authority to dispose of the amount (13,000) except with the permission of the sane heirs. If they do not permit it, then it is part of the estate, unless that is proven, in which case the bequest is executed, and the deficiency is completed from the estate within the limit of one-third or less, unless the sane heirs permit an increase over the one-third. Second: Considering what was mentioned in the first point, all that remains of property and debt is divided among the heirs according to the division of Allah (Blessed and Exalted is He). It is recommended for you and your brothers to supplicate for her, give charity on her behalf, and perform Hajj and 'Umrah on her behalf. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: My mother passed away (may Allah have mercy on her) on 6/5/1409 AH, in a hospital in 'Asir, and I have an amount of 13,000 riyals belonging to her, which she gave me during her lifetime, and asked me to build a mosque with it, and she said to me: if the costs of the mosque increase, I gave you the rest. So, is it permissible to take from the remaining inheritance what completes the mosque, or should I put in money from my own funds to complete the construction of the mosque without taking from her inheritance? She has four married sons, I am one of them, and four married daughters, each of them with a husband. There is furniture, bedding, utensils, and a flock of twenty sheep left behind her, and an amount of money of five thousand riyals or less. There is a debt on some people to her, amounting to approximately four thousand riyals. She had no debt and did not bequeath anything. One of her sons has an amount of eight thousand riyals as a loan from her. One of her sons has an amount of two thousand riyals as a loan from her. I am her eldest son and I wish to be dutiful to my mother, and I want to do anything that reaches her, such as: voluntary fasting or voluntary prayer or charity. So I ask for your guidance on what are the righteous deeds whose reward reaches my mother? Also, I ask: is it permissible to supplicate for mercy and forgiveness for her, and for our parents, and for the parents of our parents, and for the Muslims in general, in the prostration in prayer? Is there any obstacle to that supplication and other supplications
of goodness? We also ask for information: is it permissible to collect her inheritance and collect all the debts, the sheep, and the furniture, and divide it among her sons and daughters and her husband -our father- before establishing the mosque, or do we collect it and build the mosque and distribute what remains among the heirs? And do we ask her sons to collect the debt that is on them to her, or do we leave it to them? We also ask: if one of her sons leaves his share in her inheritance, what do we do with what he leaves? Because some of her sons say: he does not take anything from her inheritance.
A: First: You have no authority to dispose of the amount (13,000) except with the permission of the sane heirs. If they do not permit it, then it is part of the estate, unless that is proven, in which case the bequest is executed, and the deficiency is completed from the estate within the limit of one-third or less, unless the sane heirs permit an increase over the one-third. Second: Considering what was mentioned in the first point, all that remains of property and debt is divided among the heirs according to the division of Allah (Blessed and Exalted is He). It is recommended for you and your brothers to supplicate for her, give charity on her behalf, and perform Hajj and 'Umrah on her behalf. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.