He Bequeathed a House as an Endowment, Then Made Another Bequest of One-Third of His Wealth
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Fatwa No. ( 3770 )
Q: My father, 'Abd al-'Aziz ibn Muhammad ibn Mas'ud al-Qurashi, has passed away (may Allah have mercy on him). He made a bequest without a date stating that the house located in Hilla al-Gharib , which is known as belonging to Muhammad ibn Mutlaq, is to be an endowment (waqf), with two sacrificial animals: one for him and his parents, and the second for his two brothers, 'Abdullah and Sa'd, sons of Muhammad Sa'ud al-Qurashi. However, the aforementioned bequest does not contain
a date. He also bequeathed one-third of his wealth to be placed in a house and a shop, to be an endowment for the future, with its yield going to a sacrificial animal for him, his parents, his brother Sa'ud, and his brother 'Abdullah. This bequest is dated 17/11/1390 AH, and copies of both are attached.
A: After the Committee studied the question and reviewed the two wills mentioned, it issued the following ruling: The action should be based on the will that specifies one-third, dated 17/11/1390 AH. The house mentioned in the undated will is to be taken from the one-third. If its value equals one-third, that suffices. If it is less than one-third, the remainder is added from the rest of the estate to complete the one-third. If it is more than one-third and the heirs permit the increase, and they are competent to dispose of their shares, then the entire house becomes the one-third. If they do not permit the increase, only the portion equal to one-third is valid, and the rest belongs to the heirs. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father, 'Abd al-'Aziz ibn Muhammad ibn Mas'ud al-Qurashi, has passed away (may Allah have mercy on him). He made a bequest without a date stating that the house located in Hilla al-Gharib , which is known as belonging to Muhammad ibn Mutlaq, is to be an endowment (waqf), with two sacrificial animals: one for him and his parents, and the second for his two brothers, 'Abdullah and Sa'd, sons of Muhammad Sa'ud al-Qurashi. However, the aforementioned bequest does not contain
a date. He also bequeathed one-third of his wealth to be placed in a house and a shop, to be an endowment for the future, with its yield going to a sacrificial animal for him, his parents, his brother Sa'ud, and his brother 'Abdullah. This bequest is dated 17/11/1390 AH, and copies of both are attached.
A: After the Committee studied the question and reviewed the two wills mentioned, it issued the following ruling: The action should be based on the will that specifies one-third, dated 17/11/1390 AH. The house mentioned in the undated will is to be taken from the one-third. If its value equals one-third, that suffices. If it is less than one-third, the remainder is added from the rest of the estate to complete the one-third. If it is more than one-third and the heirs permit the increase, and they are competent to dispose of their shares, then the entire house becomes the one-third. If they do not permit the increase, only the portion equal to one-third is valid, and the rest belongs to the heirs. 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.