A bequest cannot exceed one-third
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Fatwa No. ( 674 )
Q: My father, Zayd ibn Rashid ibn Zayd, has passed away, leaving behind date palms in the town of al-Hayr and houses in the town of Riyadh. He designated the produce for sacrificial animals. Since I am a man who cannot read or write, and it is difficult for me to manage these affairs, and since he had no other assets and left nothing besides these endowments, I ask your Excellency to direct someone to examine all the documents pertaining to the date palms and houses my father left behind, and to guide me on what is obligatory in this regard? The documents he referred to are as follows: 1 - In the name of Allah, the Most Merciful, the Most Compassionate. Zayd ibn Rashid appeared before me and acknowledged, in good health and sound mind, that he has endowed, restricted, and dedicated the produce of his date palms located at the bottom of Shaykh Ghuraba in the lower part of the town of al-Hayr, and has allocated six sacrificial animals from the date palm produce: one for himself, one for his father, one for his mother, one for his brother Husayn, one for Shaykh Muhammad ibn 'Abd al-Wahhab, and one for his sisters Sarah and Fatimah. In total, six sacrificial animals from the date palm produce permanently. The above bequest is attached to the original date palms and their branches. He also bequeathed two date palms to his wife Shamma bint Ibrahim al-Dalhayi, which are a cluster whose boundary is hers from the day they were planted, and adjacent to them is a red plant facing the qiblah, whose boundary is hers from the day she married him, to the daughter of Hamd ibn Bukhayt.
All of this is for her in a sacrificial animal permanently. Zayd appointed his son 'Abd ibn Zayd as the trustee for the sacrificial animals, and after him, his descendants as long as they continue. Those who witnessed this were Farij ibn Husayn, Marzi ibn Thabit, and 'Abd al-Hadi ibn Qurush. His scribe who witnessed his acknowledgment was 'Abd al-Rahman ibn 'Abd al-'Aziz ibn Shabrin. May Allah send prayers and blessings upon our Prophet Muhammad and his family. Dated 17/11/1373 AH. 2 - In the name of Allah, the Most Merciful, the Most Compassionate. Husna bint Fahd ibn Mansur al-Hasan acknowledged that she sold to Zayd ibn Rashid ibn Zayd a plot of land from her land located in Dhahrat Manfuha for a price of two hundred and fifty riyals, which reached her in full. The boundaries of the sold land are: Qiblah: land of Mish'an; North: Sa'd ibn Majid; East: a street; South: Nafal. Thus, the sale is valid and binding. 'Abd al-'Aziz ibn Hamd al-Tuwajri from the people of al-Qasim witnessed Husna's acknowledgment, and 'Abd al-Rahman ibn 'Abd Allah ibn Faryan wrote it and witnessed her acknowledgment. May Allah send prayers and blessings upon Muhammad and his family and companions. Dated 29/8/1380 AH. In the name of Allah, the Most Merciful, the Most Compassionate. Zayd acknowledged that after he built a house on the aforementioned land, he has endowed it, and it shall be from one-third of his wealth. There shall be a sacrificial animal slaughtered therein at every time, and the remainder of the one-third shall be allocated after calculating his wealth in his known date palms in al-Hayr. And in the remainder of his one-third from the date palms named Ghuraba, there shall be two sacrificial animals, one slaughtered at every time for his father Rashid ibn Zayd
and his daughter Sarah bint Rashid, and the second sacrificial animal for Zayd's mother: Madi bint al-Basri and her son Husayn ibn Mubarak al-Buri. If there is any income from the house and the date palms, it is for Zayd's children, with a share for the male and two shares for the female, only for the lifetime of the daughters. The trustee is his son 'Abd Allah. The hidden date palm and its two adjacent ones are for the fasting people in Ramadan; they distribute the fruit of the three date palms every Tuesday and Thursday. Those who witnessed his words regarding the endowment were Nasser ibn Sa'd ibn Jum'an and Ibrahim ibn 'Ali al-Qasimi, and 'Abd al-Rahman ibn 'Abd Allah ibn Faryan wrote it and witnessed it. May Allah send prayers upon Muhammad and his family and companions. Dated 15/10/1380 AH. 3 - In the name of Allah, the Most Merciful, the Most Compassionate. Zayd ibn Rashid ibn Zayd acknowledged that he has made his house located in Dhahrat Manfuha south of the town of Riyadh , bounded by: Qiblah: a street; East: the house of Mubarak ibn Fayyaz; South: the house of Hamd ibn 'Abd al-Rahman al-Shuwayzi; North: the house of Husayn ibn Salih ibn Thabit, an endowment for his father in place of his endowment in the house located in the town of al-Hariq. It is mentioned that his father's house located in al-Hariq was sold by his father for ten riyals. Since he has voluntarily given him this house, which is worth five thousand riyals, he has included with it his maternal grandfather: Muhammad ibn Hamd al-Basri, and 'Aisha bint Hamd al-Jarisha, and his grandfather Zayd Rashid, so that they have two sacrificial animals therein: one for Muhammad al-Basri and 'Aisha
mentioned above, and the second for Zayd ibn Rashid al-Sa'd, and Sa'id al-Mas'ad, to be slaughtered for them at every time. This house is counted from his one-third along with the house he endowed for himself in Dhahrat, and the remainder of the one-third is allocated in the date palm known in the town of al-Hayr.[Al-Baqarah 2:181] His scribe 'Abd al-Rahman ibn 'Abd Allah ibn Faryan witnessed it. May Allah send prayers upon Muhammad and his family and companions. Dated 10/8/1381 AH
A: 1 - The questioner mentioned that his father left no wealth other than his date palms in al-Hayr and the two houses previously mentioned. 2 - The document regarding the date palms is dated 17/11/1373 AH, the second regarding the house he designated for his father and those with him is dated 15/10/80 AH, and the third regarding the house he designated for himself and those with him is dated 10/8/81 AH. 3 - The first document states: that he endowed, restricted, and dedicated the produce of his date palms located in al-Hayr... etc., and it states that the above bequest is attached to the original date palms and their branches. The second document states: that he endowed the house in Dhahrat Manfuha and it shall be from one-third of his wealth, and it also states that the remainder of the one-third is allocated after calculating his wealth in his known date palms in al-Hayr. And in
the third document, it states that he made his house located in Dhahrat Manfuha an endowment for his father in place of his endowment in the house located in the town of al-Hariq, and he included a group of people with him in this house, and he also said: this house is counted from his one-third along with the house he endowed for himself in Dhahrat, and the remainder of the one-third is allocated in his date palms known in the town of al-Hayr. 4 - The date palm document states that he also bequeathed two date palms to his wife Shamma bint Ibrahim al-Dalhayi, which are a cluster whose boundary is hers from the day they were planted, and adjacent to them is a red plant facing the qiblah, whose boundary is hers from the day she married him, to the daughter of Hamd Bukhayt, for her in a sacrificial animal permanently. 5 - He designated a sacrificial animal for himself in the produce, a second for his father, a third for his mother, one for his brother Hasan, the fifth for Shaykh Muhammad ibn 'Abd al-Wahhab, and one for his sisters Sarah and Fatimah. He designated a sacrificial animal in the produce of the first house to be slaughtered for him at every time, and he designated two sacrificial animals in the second house: one for his maternal grandfather Muhammad ibn Hamd al-Basri, and 'Aisha bint Muhammad al-Jarisha, and the second for Zayd ibn Rashid al-Sa'id, and Sa'id al-Mas'ad. 6 - It also states his words: the hidden date palm and its two adjacent ones are for the fasting people in Ramadan; they distribute the fruit of the three date palms every Tuesday and Thursday.
7 - The second document states: "And if there is produce from the house and the palm trees, it belongs to Zayd's dependents: one share for the male, and two shares for the female, provided the daughters are alive." 8 - It is mentioned that the agent is his son, Abdullah, who is the questioner. After the Committee has studied the above, it answers as follows: 1 - Zayd is entitled to a bequest of only one-third of everything he left behind, based on paragraph (3), which states that his palm trees in al-Ha'ir are to be from his one-third, that the house in Manfu'ah is to be from his one-third, and that three palm trees for the orphans are also from his one-third. The palm trees are not to be considered an endowment (waqf), because neither the scribe nor the testator distinguished between an endowment and a bequest. Therefore, the words "I have endowed," "I have held back," and "I have given in charity" mentioned in the document have no effect. If an endowment had been intended, the phrase "the bequest above" would not have appeared in the same document where the word for endowment is mentioned. Furthermore, the second document does not state that the house is to be from his one-third, with the remainder of the one-third to be allocated after calculating his share in his known palm trees in the land of al-Ha'ir, nor does the third document state: "This house is to be calculated from his one-third, along with the house he endowed for himself in al-Zahrah, and the remainder of the one-third is to be allocated in his known palm trees in the land of al-Ha'ir."
2 - As for designating the one-third, whether it is to be in the palm trees of al-Ha'ir or in the two houses in Riyadh or in one of them, this is referred to the High Court. It is the court that appoints a committee to inspect all his remaining property, assess its value, and designate the suitable location for the one-third. 3 - All the individuals for whom he allocated a share through what he mentioned will have their share in the yield of the designated one-third. If anything remains, he mentioned that it is for his descendants: the male gets one share, and the female gets two shares. 4 - Once the one-third is designated, its repair takes precedence over the share of those who have a portion of the one-third. 5 - As for what he mentioned regarding the bequest to his wife, Shuma, of the two palm trees: Salja and the red plant, if they have been designated and she receives their yield during his lifetime, then they are not part of the one-third; rather, they remain. In the event that it is desired to sell them and transfer them to another location, the agent must consult the court. 6 - As for the three palm trees belonging to the storage facilities, they are included in the one-third. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father, Zayd ibn Rashid ibn Zayd, has passed away, leaving behind date palms in the town of al-Hayr and houses in the town of Riyadh. He designated the produce for sacrificial animals. Since I am a man who cannot read or write, and it is difficult for me to manage these affairs, and since he had no other assets and left nothing besides these endowments, I ask your Excellency to direct someone to examine all the documents pertaining to the date palms and houses my father left behind, and to guide me on what is obligatory in this regard? The documents he referred to are as follows: 1 - In the name of Allah, the Most Merciful, the Most Compassionate. Zayd ibn Rashid appeared before me and acknowledged, in good health and sound mind, that he has endowed, restricted, and dedicated the produce of his date palms located at the bottom of Shaykh Ghuraba in the lower part of the town of al-Hayr, and has allocated six sacrificial animals from the date palm produce: one for himself, one for his father, one for his mother, one for his brother Husayn, one for Shaykh Muhammad ibn 'Abd al-Wahhab, and one for his sisters Sarah and Fatimah. In total, six sacrificial animals from the date palm produce permanently. The above bequest is attached to the original date palms and their branches. He also bequeathed two date palms to his wife Shamma bint Ibrahim al-Dalhayi, which are a cluster whose boundary is hers from the day they were planted, and adjacent to them is a red plant facing the qiblah, whose boundary is hers from the day she married him, to the daughter of Hamd ibn Bukhayt.
All of this is for her in a sacrificial animal permanently. Zayd appointed his son 'Abd ibn Zayd as the trustee for the sacrificial animals, and after him, his descendants as long as they continue. Those who witnessed this were Farij ibn Husayn, Marzi ibn Thabit, and 'Abd al-Hadi ibn Qurush. His scribe who witnessed his acknowledgment was 'Abd al-Rahman ibn 'Abd al-'Aziz ibn Shabrin. May Allah send prayers and blessings upon our Prophet Muhammad and his family. Dated 17/11/1373 AH. 2 - In the name of Allah, the Most Merciful, the Most Compassionate. Husna bint Fahd ibn Mansur al-Hasan acknowledged that she sold to Zayd ibn Rashid ibn Zayd a plot of land from her land located in Dhahrat Manfuha for a price of two hundred and fifty riyals, which reached her in full. The boundaries of the sold land are: Qiblah: land of Mish'an; North: Sa'd ibn Majid; East: a street; South: Nafal. Thus, the sale is valid and binding. 'Abd al-'Aziz ibn Hamd al-Tuwajri from the people of al-Qasim witnessed Husna's acknowledgment, and 'Abd al-Rahman ibn 'Abd Allah ibn Faryan wrote it and witnessed her acknowledgment. May Allah send prayers and blessings upon Muhammad and his family and companions. Dated 29/8/1380 AH. In the name of Allah, the Most Merciful, the Most Compassionate. Zayd acknowledged that after he built a house on the aforementioned land, he has endowed it, and it shall be from one-third of his wealth. There shall be a sacrificial animal slaughtered therein at every time, and the remainder of the one-third shall be allocated after calculating his wealth in his known date palms in al-Hayr. And in the remainder of his one-third from the date palms named Ghuraba, there shall be two sacrificial animals, one slaughtered at every time for his father Rashid ibn Zayd
and his daughter Sarah bint Rashid, and the second sacrificial animal for Zayd's mother: Madi bint al-Basri and her son Husayn ibn Mubarak al-Buri. If there is any income from the house and the date palms, it is for Zayd's children, with a share for the male and two shares for the female, only for the lifetime of the daughters. The trustee is his son 'Abd Allah. The hidden date palm and its two adjacent ones are for the fasting people in Ramadan; they distribute the fruit of the three date palms every Tuesday and Thursday. Those who witnessed his words regarding the endowment were Nasser ibn Sa'd ibn Jum'an and Ibrahim ibn 'Ali al-Qasimi, and 'Abd al-Rahman ibn 'Abd Allah ibn Faryan wrote it and witnessed it. May Allah send prayers upon Muhammad and his family and companions. Dated 15/10/1380 AH. 3 - In the name of Allah, the Most Merciful, the Most Compassionate. Zayd ibn Rashid ibn Zayd acknowledged that he has made his house located in Dhahrat Manfuha south of the town of Riyadh , bounded by: Qiblah: a street; East: the house of Mubarak ibn Fayyaz; South: the house of Hamd ibn 'Abd al-Rahman al-Shuwayzi; North: the house of Husayn ibn Salih ibn Thabit, an endowment for his father in place of his endowment in the house located in the town of al-Hariq. It is mentioned that his father's house located in al-Hariq was sold by his father for ten riyals. Since he has voluntarily given him this house, which is worth five thousand riyals, he has included with it his maternal grandfather: Muhammad ibn Hamd al-Basri, and 'Aisha bint Hamd al-Jarisha, and his grandfather Zayd Rashid, so that they have two sacrificial animals therein: one for Muhammad al-Basri and 'Aisha
mentioned above, and the second for Zayd ibn Rashid al-Sa'd, and Sa'id al-Mas'ad, to be slaughtered for them at every time. This house is counted from his one-third along with the house he endowed for himself in Dhahrat, and the remainder of the one-third is allocated in the date palm known in the town of al-Hayr.
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.
فَمَنْ بَدَّلَهُ بَعْدَمَا سَمِعَهُ فَإِنَّمَا إِثْمُهُ عَلَى الَّذِينَ يُبَدِّلُونَهُ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌA: 1 - The questioner mentioned that his father left no wealth other than his date palms in al-Hayr and the two houses previously mentioned. 2 - The document regarding the date palms is dated 17/11/1373 AH, the second regarding the house he designated for his father and those with him is dated 15/10/80 AH, and the third regarding the house he designated for himself and those with him is dated 10/8/81 AH. 3 - The first document states: that he endowed, restricted, and dedicated the produce of his date palms located in al-Hayr... etc., and it states that the above bequest is attached to the original date palms and their branches. The second document states: that he endowed the house in Dhahrat Manfuha and it shall be from one-third of his wealth, and it also states that the remainder of the one-third is allocated after calculating his wealth in his known date palms in al-Hayr. And in
the third document, it states that he made his house located in Dhahrat Manfuha an endowment for his father in place of his endowment in the house located in the town of al-Hariq, and he included a group of people with him in this house, and he also said: this house is counted from his one-third along with the house he endowed for himself in Dhahrat, and the remainder of the one-third is allocated in his date palms known in the town of al-Hayr. 4 - The date palm document states that he also bequeathed two date palms to his wife Shamma bint Ibrahim al-Dalhayi, which are a cluster whose boundary is hers from the day they were planted, and adjacent to them is a red plant facing the qiblah, whose boundary is hers from the day she married him, to the daughter of Hamd Bukhayt, for her in a sacrificial animal permanently. 5 - He designated a sacrificial animal for himself in the produce, a second for his father, a third for his mother, one for his brother Hasan, the fifth for Shaykh Muhammad ibn 'Abd al-Wahhab, and one for his sisters Sarah and Fatimah. He designated a sacrificial animal in the produce of the first house to be slaughtered for him at every time, and he designated two sacrificial animals in the second house: one for his maternal grandfather Muhammad ibn Hamd al-Basri, and 'Aisha bint Muhammad al-Jarisha, and the second for Zayd ibn Rashid al-Sa'id, and Sa'id al-Mas'ad. 6 - It also states his words: the hidden date palm and its two adjacent ones are for the fasting people in Ramadan; they distribute the fruit of the three date palms every Tuesday and Thursday.
7 - The second document states: "And if there is produce from the house and the palm trees, it belongs to Zayd's dependents: one share for the male, and two shares for the female, provided the daughters are alive." 8 - It is mentioned that the agent is his son, Abdullah, who is the questioner. After the Committee has studied the above, it answers as follows: 1 - Zayd is entitled to a bequest of only one-third of everything he left behind, based on paragraph (3), which states that his palm trees in al-Ha'ir are to be from his one-third, that the house in Manfu'ah is to be from his one-third, and that three palm trees for the orphans are also from his one-third. The palm trees are not to be considered an endowment (waqf), because neither the scribe nor the testator distinguished between an endowment and a bequest. Therefore, the words "I have endowed," "I have held back," and "I have given in charity" mentioned in the document have no effect. If an endowment had been intended, the phrase "the bequest above" would not have appeared in the same document where the word for endowment is mentioned. Furthermore, the second document does not state that the house is to be from his one-third, with the remainder of the one-third to be allocated after calculating his share in his known palm trees in the land of al-Ha'ir, nor does the third document state: "This house is to be calculated from his one-third, along with the house he endowed for himself in al-Zahrah, and the remainder of the one-third is to be allocated in his known palm trees in the land of al-Ha'ir."
2 - As for designating the one-third, whether it is to be in the palm trees of al-Ha'ir or in the two houses in Riyadh or in one of them, this is referred to the High Court. It is the court that appoints a committee to inspect all his remaining property, assess its value, and designate the suitable location for the one-third. 3 - All the individuals for whom he allocated a share through what he mentioned will have their share in the yield of the designated one-third. If anything remains, he mentioned that it is for his descendants: the male gets one share, and the female gets two shares. 4 - Once the one-third is designated, its repair takes precedence over the share of those who have a portion of the one-third. 5 - As for what he mentioned regarding the bequest to his wife, Shuma, of the two palm trees: Salja and the red plant, if they have been designated and she receives their yield during his lifetime, then they are not part of the one-third; rather, they remain. In the event that it is desired to sell them and transfer them to another location, the agent must consult the court. 6 - As for the three palm trees belonging to the storage facilities, they are included in 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.