Is it permissible to give away one-third of one's wealth as a bequest while the testator is still alive?
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Fatwa number ( 13974 )
Q: We inform your Eminence, may Allah reward you, that we are two sisters who wish to leave one-third of our wealth for what benefits the deceased. Each of us intends to pay one-third equally; because our mother, may Allah have mercy on her, had previously bequeathed one-third of her wealth for what benefits the deceased, and since she has no children other than us, and given our desire to also give away one-third of our wealth, we have decided to seek the scholars' opinion on whether there is no blame
on us if each of us gives away one-third of her wealth, and it is used to purchase a fixed property with income, so that its benefit is used for what benefits the deceased. In fact, we have already given away one-third of our wealth, which was actually equal to one-third of our mother's, may Allah have mercy on her, and a house with income was purchased for our mother and for us. We have confirmed the giving of this one-third according to the attached copy of the bequest. However, we later learned from some of our brothers that it is not valid to give away this one-third as long as we are alive, because what has been given out will be considered part of the estate, and the heirs or the agent must extract the one-third afterwards. Since the wealth is fixed and has neither increased nor decreased, we turn to your Eminence with our question: Is this one-third considered part of the estate, and are the heirs or the agent required to extract the one-third again after death? Please inform us, may Allah reward you for us and for all Muslims with the best reward and recompense.
A: The bequest of the deceased remains as it is, and the one-third of your wealth that you have bequeathed is considered a continuous charity for you, so it is a valid donation. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform your Eminence, may Allah reward you, that we are two sisters who wish to leave one-third of our wealth for what benefits the deceased. Each of us intends to pay one-third equally; because our mother, may Allah have mercy on her, had previously bequeathed one-third of her wealth for what benefits the deceased, and since she has no children other than us, and given our desire to also give away one-third of our wealth, we have decided to seek the scholars' opinion on whether there is no blame
on us if each of us gives away one-third of her wealth, and it is used to purchase a fixed property with income, so that its benefit is used for what benefits the deceased. In fact, we have already given away one-third of our wealth, which was actually equal to one-third of our mother's, may Allah have mercy on her, and a house with income was purchased for our mother and for us. We have confirmed the giving of this one-third according to the attached copy of the bequest. However, we later learned from some of our brothers that it is not valid to give away this one-third as long as we are alive, because what has been given out will be considered part of the estate, and the heirs or the agent must extract the one-third afterwards. Since the wealth is fixed and has neither increased nor decreased, we turn to your Eminence with our question: Is this one-third considered part of the estate, and are the heirs or the agent required to extract the one-third again after death? Please inform us, may Allah reward you for us and for all Muslims with the best reward and recompense.
A: The bequest of the deceased remains as it is, and the one-third of your wealth that you have bequeathed is considered a continuous charity for you, so it is a valid donation. 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.