The Importance of the Bequest in the Life of the Muslim
Machine translationRead the Arabic original
Question:
Honorable Shaykh, this is Uthman asking. He says: What is the importance of a bequest in the life of a Muslim while he is still alive? Because we see disputes among the children after death regarding the construction of a mosque. Why not have the mosque or the construction of the mosque for this deceased person done while he is still alive, where disputes among the heirs are common? He asks for your guidance.
Answer:
There is no doubt that it is better for a Muslim to give charity, do good, and build mosques while he is alive, taking charge of this and supervising it. If he bequeaths that a mosque be built after his death, it is obligatory to carry out his bequest from one-third of his estate. If the bequest is within the limit of one-third or less, it must be executed, and it is not permissible to be lenient with it or leave it undone, as the Messenger of Allah (peace and blessings be upon him) said:[Al-Baqarah 2:181] Therefore, it is not permissible to alter the bequest from what the bequeather specified, if it is in the path of good and righteousness.
It is obligatory for the bequeather to specify an executor to carry out the bequest after him, choosing someone to execute the bequest after his death, whether from his children or from others. It is obligatory for the executor to carry out the bequest if it is in the path of good, such as building a mosque. Yes.
Honorable Shaykh, this is Uthman asking. He says: What is the importance of a bequest in the life of a Muslim while he is still alive? Because we see disputes among the children after death regarding the construction of a mosque. Why not have the mosque or the construction of the mosque for this deceased person done while he is still alive, where disputes among the heirs are common? He asks for your guidance.
Answer:
There is no doubt that it is better for a Muslim to give charity, do good, and build mosques while he is alive, taking charge of this and supervising it. If he bequeaths that a mosque be built after his death, it is obligatory to carry out his bequest from one-third of his estate. If the bequest is within the limit of one-third or less, it must be executed, and it is not permissible to be lenient with it or leave it undone, as the Messenger of Allah (peace and blessings be upon him) said:
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.
فَمَن بَدَّلَهُ بَعْدَ مَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌIt is obligatory for the bequeather to specify an executor to carry out the bequest after him, choosing someone to execute the bequest after his death, whether from his children or from others. It is obligatory for the executor to carry out the bequest if it is in the path of good, such as building a mosque. Yes.
Source
نور على الدرب - الفوزان - 03/021 — archive.org (6:19)
The Arabic text is a machine transcription of the audio recording.