The Obligation of Carrying Out a Bequest
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Fatwa No. ( 8824 )
Q: My father was struck by a severe illness a year before his death that confined him to his bed. He called those present to him, made them witnesses, and dictated a bequest to give away a quarter of his date palms as a public benefit (sabil), and he wrote this down on a piece of paper. Then
Allah healed my father, and he did not die from that illness. A year later, my father was involved in a sudden car accident and died suddenly before he could make a bequest, and the paper containing the bequest was lost, but the witnesses are still alive. Is it obligatory for us to ratify our father's bequest, and are we required to carry it out?
A: If your father's bequest is established according to the Shari'ah, and it is not established that he revoked it, it is obligatory for the heirs to carry it out after paying off any debt the deceased owed, before dividing his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father was struck by a severe illness a year before his death that confined him to his bed. He called those present to him, made them witnesses, and dictated a bequest to give away a quarter of his date palms as a public benefit (sabil), and he wrote this down on a piece of paper. Then
Allah healed my father, and he did not die from that illness. A year later, my father was involved in a sudden car accident and died suddenly before he could make a bequest, and the paper containing the bequest was lost, but the witnesses are still alive. Is it obligatory for us to ratify our father's bequest, and are we required to carry it out?
A: If your father's bequest is established according to the Shari'ah, and it is not established that he revoked it, it is obligatory for the heirs to carry it out after paying off any debt the deceased owed, before dividing his estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.