He passed away and bequeathed a third of his wealth, and he had a retirement pension, a house, and money
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Fatwa No. ( 21 )
Upon the Committee’s study of the inquiry and its attachments, it was found: 1 - The inquiry, the text of which is: I have a full brother who died as a result of a collision between two cars on the date 5 \ 1 \ 1391 AH, in Riyadh, leaving behind two sons from a divorced wife
and two young daughters from a wife who was under his responsibility at the time of his death (may Allah have mercy on him). He was a government employee, and his parents are deceased. He left behind some money and a house. He left a will dated 5 \ 2 \ 1388 AH, appointing me as his agent over a third of his estate according to the aforementioned will. Attached to the will on the same page, in his own handwriting, dated 1\3\1389 AH, is the following text verbatim: “My third and the house are an endowment for me from it, and the rest of its investment is to be given to the needy and the afflicted.” He was not afflicted with any madness or mental disorder throughout his life, nor do I believe he intended to deprive his heirs of what might be their right. I ask you to kindly guide me regarding the following: A - Does he have a share of his retirement pension? B - Does his third include a third of the money he left in addition to the house according to his will, or is the house to be sold and his estate liquidated and a third taken from it, knowing that the money he left is not equal to two-thirds, meaning the house is worth more than a third? C - Does he have a share of the blood money? And is it permissible for me to waive this share if he has any? 2 - A will proving what the inquirer mentioned, which he attributed to the testator.
A deed issued by the Riyadh Court, number 477 \ 4, dated 20 \ 6 \ 1391 AH, stamped with the seal of the honorable Shaykh Abd al-Rahman ibn Huwaymil, certifying the validity of the will
After the Committee’s study of these documents, it wrote the following answer: A: Since the will is established by the aforementioned deed, it is valid for a third of the entire wealth. This third is a third of the money and furniture he left behind, a third of the house, and a third of the blood money. If the value of the house is equal to a third of his estate, then the house constitutes a third for him. If the third is less, the agent should look at what is in the interest of the deceased and those for whom he is a guardian. If the third is more than the value of the house, the agent should dispose of the excess according to what the interest of the endowment requires. As for the retirement, it should be referred to the Retirement Pensions Authority. As for waiving, it is not permissible for you to waive your brother’s share of the blood money, which is a third of it; because this would be a harm to him, and the agent does not have the authority to dispose of this or anything similar to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Upon the Committee’s study of the inquiry and its attachments, it was found: 1 - The inquiry, the text of which is: I have a full brother who died as a result of a collision between two cars on the date 5 \ 1 \ 1391 AH, in Riyadh, leaving behind two sons from a divorced wife
and two young daughters from a wife who was under his responsibility at the time of his death (may Allah have mercy on him). He was a government employee, and his parents are deceased. He left behind some money and a house. He left a will dated 5 \ 2 \ 1388 AH, appointing me as his agent over a third of his estate according to the aforementioned will. Attached to the will on the same page, in his own handwriting, dated 1\3\1389 AH, is the following text verbatim: “My third and the house are an endowment for me from it, and the rest of its investment is to be given to the needy and the afflicted.” He was not afflicted with any madness or mental disorder throughout his life, nor do I believe he intended to deprive his heirs of what might be their right. I ask you to kindly guide me regarding the following: A - Does he have a share of his retirement pension? B - Does his third include a third of the money he left in addition to the house according to his will, or is the house to be sold and his estate liquidated and a third taken from it, knowing that the money he left is not equal to two-thirds, meaning the house is worth more than a third? C - Does he have a share of the blood money? And is it permissible for me to waive this share if he has any? 2 - A will proving what the inquirer mentioned, which he attributed to the testator.
A deed issued by the Riyadh Court, number 477 \ 4, dated 20 \ 6 \ 1391 AH, stamped with the seal of the honorable Shaykh Abd al-Rahman ibn Huwaymil, certifying the validity of the will
After the Committee’s study of these documents, it wrote the following answer: A: Since the will is established by the aforementioned deed, it is valid for a third of the entire wealth. This third is a third of the money and furniture he left behind, a third of the house, and a third of the blood money. If the value of the house is equal to a third of his estate, then the house constitutes a third for him. If the third is less, the agent should look at what is in the interest of the deceased and those for whom he is a guardian. If the third is more than the value of the house, the agent should dispose of the excess according to what the interest of the endowment requires. As for the retirement, it should be referred to the Retirement Pensions Authority. As for waiving, it is not permissible for you to waive your brother’s share of the blood money, which is a third of it; because this would be a harm to him, and the agent does not have the authority to dispose of this or anything similar to it. 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.