If he has more than one bequest, which one should be carried out?
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Fatwa No. ( 2276 )
The Committee has reviewed the question submitted by His Eminence Shaykh Sulayman.. and its text is: My uncle, Muhammad ibn Sulayman, passed away, leaving behind a son and a daughter, and no one else inherited from him. Among what he left was his share of the two date palm groves located in al-Quraynah in al-Shu'ayb. One is: his share of the date palms named Umm Saqi,
and their number is only thirty-nine date palms. The other is: his share of the date palms named al-Nuq'ah, and the number of its date palms is ninety, and attached to his share in al-Nuq'ah is agricultural land. He bequeathed one-third of his wealth and appointed me as its overseer. His heirs preferred to limit the one-third and submitted it to the court of al-Shu'ayb in al-Harimaylah, and the court tasked the committee, and the committee decided to place the one-third in al-Nuq'ah; because his share in Umm Saqi is not sufficient for the one-third, and dividing it would harm it and the heirs. When we returned to the bequest, we found that he had an earlier bequest whose meaning in its wording is different from the meaning of the later one, although its intent was included in the later one. In my capacity as the overseer of the bequest, I see the benefit in the one-third, and I also see placing it in al-Nuq'ah for the reasons mentioned by the committee, and because al-Nuq'ah is better in its soil and trees, and because the date palms of al-Nuq'ah are young and those of Umm Saqi are old. However, what was mentioned in his first bequest that was not mentioned in the later one can be carried out from the one-third. I request that you review the two bequests and issue a ruling on which one should be carried out. Given that the judge asked us to seek a fatwa on this matter, it was submitted to your eminence. It is known that the testator lived for ten years after his last bequest, during which he only performed the sacrifice, sacrificing one for himself and another for his parents and children. Since I was aware of this, it was attached
A: And I have reviewed the two bequests attached to the question, and it answered as follows: If the facts are as stated, it is obligatory to act according to what is in the second
bequest, which is from the year 1373 AH, in which he bequeathed one-third of his wealth for a sacrifice for him, a sacrifice for his parents, his son 'Abdullah, and his sisters, permanently, and that the land on the market and the well of al-Fahid be made a public endowment for al-Gharib Mosque, and that the one-third be placed in al-Nuq'ah for the reasons mentioned by the committee that his share in Umm Saqi is not sufficient for the one-third, and dividing it would harm it and the heirs, and for what was mentioned in the question that al-Nuq'ah is better than Umm Saqi in its soil and trees, and because the date palms of al-Nuq'ah are young, and the date palms of Umm Saqi are old, and because what was mentioned in his first bequest that was not mentioned in the later one can be carried out from the one-third. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
The Committee has reviewed the question submitted by His Eminence Shaykh Sulayman.. and its text is: My uncle, Muhammad ibn Sulayman, passed away, leaving behind a son and a daughter, and no one else inherited from him. Among what he left was his share of the two date palm groves located in al-Quraynah in al-Shu'ayb. One is: his share of the date palms named Umm Saqi,
and their number is only thirty-nine date palms. The other is: his share of the date palms named al-Nuq'ah, and the number of its date palms is ninety, and attached to his share in al-Nuq'ah is agricultural land. He bequeathed one-third of his wealth and appointed me as its overseer. His heirs preferred to limit the one-third and submitted it to the court of al-Shu'ayb in al-Harimaylah, and the court tasked the committee, and the committee decided to place the one-third in al-Nuq'ah; because his share in Umm Saqi is not sufficient for the one-third, and dividing it would harm it and the heirs. When we returned to the bequest, we found that he had an earlier bequest whose meaning in its wording is different from the meaning of the later one, although its intent was included in the later one. In my capacity as the overseer of the bequest, I see the benefit in the one-third, and I also see placing it in al-Nuq'ah for the reasons mentioned by the committee, and because al-Nuq'ah is better in its soil and trees, and because the date palms of al-Nuq'ah are young and those of Umm Saqi are old. However, what was mentioned in his first bequest that was not mentioned in the later one can be carried out from the one-third. I request that you review the two bequests and issue a ruling on which one should be carried out. Given that the judge asked us to seek a fatwa on this matter, it was submitted to your eminence. It is known that the testator lived for ten years after his last bequest, during which he only performed the sacrifice, sacrificing one for himself and another for his parents and children. Since I was aware of this, it was attached
A: And I have reviewed the two bequests attached to the question, and it answered as follows: If the facts are as stated, it is obligatory to act according to what is in the second
bequest, which is from the year 1373 AH, in which he bequeathed one-third of his wealth for a sacrifice for him, a sacrifice for his parents, his son 'Abdullah, and his sisters, permanently, and that the land on the market and the well of al-Fahid be made a public endowment for al-Gharib Mosque, and that the one-third be placed in al-Nuq'ah for the reasons mentioned by the committee that his share in Umm Saqi is not sufficient for the one-third, and dividing it would harm it and the heirs, and for what was mentioned in the question that al-Nuq'ah is better than Umm Saqi in its soil and trees, and because the date palms of al-Nuq'ah are young, and the date palms of Umm Saqi are old, and because what was mentioned in his first bequest that was not mentioned in the later one can be carried out from the one-third. 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.