He made two bequests, one earlier and the other later
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Fatwa No. ( 19967 )
Q: Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed
the letter sent to His Eminence the General President, from the honorable head of the High Court in Riyadh , Sulayman ibn 'Abd Allah ibn Mihnā, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4699) and date 8/8/1418 AH. It was accompanied by a letter from his eminence containing the inquiry submitted by the inquirer, 'Abd Allah ibn Muhammad al-Jumu'ah, the legal guardian of his father's heirs and the executor of his bequest, asking which of the two bequests issued by his father should be executed. The first bequest reads as follows: "Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: In my presence, I, 'Abd al-Rahman ibn Fahd al-'Abd Allah, a notary public at the Second Notary Office in Riyadh , Muhammad ibn Sulayman ibn Jumu'ah al-Jumu'ah appeared, holding identity card number 2984/671, on 19/6/1385 AH, in a state considered valid by the Shari'ah, saying: After testifying that there is no god but Allah, that Muhammad is the Messenger of Allah, that 'Isa is the servant of Allah and His messenger, His word which He cast to Maryam and a spirit from Him, that Paradise is true and the Fire is true, that the Hour is coming with no doubt in it, and that Allah will resurrect those in the graves: I bequeath to myself and my descendants the fear of Allah the Exalted and obedience to Him, and following what His Messenger (peace and blessings be upon him) brought. I also bequeath to my descendants after me to reconcile between people, to establish prayer, and that they not die except as Muslims. I also bequeath the ground floor of my two-story house located in
Riyadh , in the Khaleej district, owned by deed number 408/2 dated 8/6/1404 AH, issued by the notary public at Riyadh . My son, 'Abd al-Rahman ibn Muhammad ibn Sulayman al-Jumu'ah, and my wife, Hayya bint Bajad Muriqan al-Harbi, reside there, as well as any male or female descendants who need it, and they have the right to live there. The first floor is to be rented out, and from its rent, two sacrificial animals are to be provided: the first for my father and my mother, Shima'a bint 'Ali al-Ghufayli, and the second for me. I and my father are to provide a meal in Ramadan according to our ability. The remaining rent is to be divided among the heirs according to the Shari'ah division. The executor of this bequest of mine is my son, Sulayman ibn Muhammad ibn Sulayman al-Jumu'ah, and after him my son, 'Ali ibn Muhammad ibn Salman al-Jumu'ah. Thus, the testator declared this voluntarily and by his own choice, in the presence of the testimony of Salman ibn 'Ali ibn Sulayman al-Jumu'ah and 'Ali ibn Sulayman al-Jumu'ah, whose identities were recorded accurately. After it was drafted and read to them, they approved and signed it. We signed it to certify it as drafted on the first of Sha'ban in the year 1414 AH of the Hijra of the Prophet (may the best of prayers and purest peace be upon him from his Lord), and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family, his Companions, and his followers until the Day of Judgment." The second bequest reads as follows: "Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: In my presence, I,
'Abd al-Rahman ibn Fahd al-'Abd Allah, a notary public at the Second Notary Office in Riyadh , Muhammad ibn Sulayman ibn Jumu'ah al-Jumu'ah appeared, holding a population identity card number 2984 dated 19/6/1385 AH, registered in the Rasr register, in a state considered valid by the Shari'ah, saying: He testifies that there is no god but Allah, that Muhammad is the Messenger of Allah, that 'Isa is the servant of Allah and His messenger, His word which He cast to Maryam and a spirit from Him, that Paradise is true, and the Fire is true, that the Hour is coming with no doubt in it, and that Allah will resurrect those in the graves. I bequeath to myself and my descendants the fear of Allah the Exalted, obedience to Him, and following what His Messenger (peace and blessings be upon him) brought. I also bequeath to my descendants after me to reconcile between people, to establish prayer, and that they not die except as Muslims. I also bequeath one-third of my wealth, which is to be calculated, and from its yield, one sacrificial animal is to be provided for me, for my father Sulayman ibn Jumu'ah, and for my mother Shima'a bint 'Ali al-Ghufayli, on a permanent basis according to ability. The remaining yield is to be spent on acts of righteousness and good, at the discretion of the executor. The executor of this bequest of mine is my son, 'Abd Allah ibn Muhammad ibn Sulayman al-Jumu'ah, and after him my son Sulayman, and after them whoever the executor deems appropriate. The executor of this bequest must fear Allah the Exalted, obey Him, and be mindful of Allah the Mighty and Majestic in this bequest, and strive in what benefits the testator. Thus, the testator declared this voluntarily and by his own choice, in the presence and testimony of: 'Ali ibn Sulayman ibn Jumu'ah al-Jumu'ah, holding identity card number 43981, registered in Riyadh on
7/2/1382 AH, and Sulayman ibn 'Ali ibn Sulayman al-Jumu'ah, holding identity card number 111044, registered in Riyadh on 21/2/1393 AH. After it was drafted and read to all, they approved and signed it. We signed it to certify it as drafted on the second of Rajab in the year 1417 AH of the Hijra of the Prophet (may the best of prayers and purest peace be upon him from his Lord), and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family, his Companions, and his followers until the Day of Judgment
A: After studying the inquiry, the Committee answered that the last bequest issued by the testator is to be taken; because the later bequest abrogated the earlier first bequest and invalidated it, as there was found from the testator what indicates his return from the first bequest to the second, and it is not possible to combine them, as neither specified that the first is to be paid from the one-third and be included within it. Therefore, the executor of the bequest must act according to what the second bequest indicates, which is the bequest of one-third of his wealth. He is to extract one-third of his wealth and spend its yield on what the testator specified, after calculating all his properties, and after extracting all debts owed by him, and Hajj that became obligatory upon him by meeting its conditions but he has not performed the obligatory Hajj, and Zakah that he has not paid, and vows, and expiations, and the like.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed
the letter sent to His Eminence the General President, from the honorable head of the High Court in Riyadh , Sulayman ibn 'Abd Allah ibn Mihnā, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (4699) and date 8/8/1418 AH. It was accompanied by a letter from his eminence containing the inquiry submitted by the inquirer, 'Abd Allah ibn Muhammad al-Jumu'ah, the legal guardian of his father's heirs and the executor of his bequest, asking which of the two bequests issued by his father should be executed. The first bequest reads as follows: "Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: In my presence, I, 'Abd al-Rahman ibn Fahd al-'Abd Allah, a notary public at the Second Notary Office in Riyadh , Muhammad ibn Sulayman ibn Jumu'ah al-Jumu'ah appeared, holding identity card number 2984/671, on 19/6/1385 AH, in a state considered valid by the Shari'ah, saying: After testifying that there is no god but Allah, that Muhammad is the Messenger of Allah, that 'Isa is the servant of Allah and His messenger, His word which He cast to Maryam and a spirit from Him, that Paradise is true and the Fire is true, that the Hour is coming with no doubt in it, and that Allah will resurrect those in the graves: I bequeath to myself and my descendants the fear of Allah the Exalted and obedience to Him, and following what His Messenger (peace and blessings be upon him) brought. I also bequeath to my descendants after me to reconcile between people, to establish prayer, and that they not die except as Muslims. I also bequeath the ground floor of my two-story house located in
Riyadh , in the Khaleej district, owned by deed number 408/2 dated 8/6/1404 AH, issued by the notary public at Riyadh . My son, 'Abd al-Rahman ibn Muhammad ibn Sulayman al-Jumu'ah, and my wife, Hayya bint Bajad Muriqan al-Harbi, reside there, as well as any male or female descendants who need it, and they have the right to live there. The first floor is to be rented out, and from its rent, two sacrificial animals are to be provided: the first for my father and my mother, Shima'a bint 'Ali al-Ghufayli, and the second for me. I and my father are to provide a meal in Ramadan according to our ability. The remaining rent is to be divided among the heirs according to the Shari'ah division. The executor of this bequest of mine is my son, Sulayman ibn Muhammad ibn Sulayman al-Jumu'ah, and after him my son, 'Ali ibn Muhammad ibn Salman al-Jumu'ah. Thus, the testator declared this voluntarily and by his own choice, in the presence of the testimony of Salman ibn 'Ali ibn Sulayman al-Jumu'ah and 'Ali ibn Sulayman al-Jumu'ah, whose identities were recorded accurately. After it was drafted and read to them, they approved and signed it. We signed it to certify it as drafted on the first of Sha'ban in the year 1414 AH of the Hijra of the Prophet (may the best of prayers and purest peace be upon him from his Lord), and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family, his Companions, and his followers until the Day of Judgment." The second bequest reads as follows: "Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: In my presence, I,
'Abd al-Rahman ibn Fahd al-'Abd Allah, a notary public at the Second Notary Office in Riyadh , Muhammad ibn Sulayman ibn Jumu'ah al-Jumu'ah appeared, holding a population identity card number 2984 dated 19/6/1385 AH, registered in the Rasr register, in a state considered valid by the Shari'ah, saying: He testifies that there is no god but Allah, that Muhammad is the Messenger of Allah, that 'Isa is the servant of Allah and His messenger, His word which He cast to Maryam and a spirit from Him, that Paradise is true, and the Fire is true, that the Hour is coming with no doubt in it, and that Allah will resurrect those in the graves. I bequeath to myself and my descendants the fear of Allah the Exalted, obedience to Him, and following what His Messenger (peace and blessings be upon him) brought. I also bequeath to my descendants after me to reconcile between people, to establish prayer, and that they not die except as Muslims. I also bequeath one-third of my wealth, which is to be calculated, and from its yield, one sacrificial animal is to be provided for me, for my father Sulayman ibn Jumu'ah, and for my mother Shima'a bint 'Ali al-Ghufayli, on a permanent basis according to ability. The remaining yield is to be spent on acts of righteousness and good, at the discretion of the executor. The executor of this bequest of mine is my son, 'Abd Allah ibn Muhammad ibn Sulayman al-Jumu'ah, and after him my son Sulayman, and after them whoever the executor deems appropriate. The executor of this bequest must fear Allah the Exalted, obey Him, and be mindful of Allah the Mighty and Majestic in this bequest, and strive in what benefits the testator. Thus, the testator declared this voluntarily and by his own choice, in the presence and testimony of: 'Ali ibn Sulayman ibn Jumu'ah al-Jumu'ah, holding identity card number 43981, registered in Riyadh on
7/2/1382 AH, and Sulayman ibn 'Ali ibn Sulayman al-Jumu'ah, holding identity card number 111044, registered in Riyadh on 21/2/1393 AH. After it was drafted and read to all, they approved and signed it. We signed it to certify it as drafted on the second of Rajab in the year 1417 AH of the Hijra of the Prophet (may the best of prayers and purest peace be upon him from his Lord), and may Allah send blessings and peace upon our Prophet Muhammad, and upon his family, his Companions, and his followers until the Day of Judgment
A: After studying the inquiry, the Committee answered that the last bequest issued by the testator is to be taken; because the later bequest abrogated the earlier first bequest and invalidated it, as there was found from the testator what indicates his return from the first bequest to the second, and it is not possible to combine them, as neither specified that the first is to be paid from the one-third and be included within it. Therefore, the executor of the bequest must act according to what the second bequest indicates, which is the bequest of one-third of his wealth. He is to extract one-third of his wealth and spend its yield on what the testator specified, after calculating all his properties, and after extracting all debts owed by him, and Hajj that became obligatory upon him by meeting its conditions but he has not performed the obligatory Hajj, and Zakah that he has not paid, and vows, and expiations, and the like.
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.