If one bequeaths all of his wealth, the bequest is not executed except for one-third
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Fatwa number ( 7742 )
Q: I have nine children, who are the ones remaining now, and we praise Allah (Exalted and Majestic is He) for His abundant grace. The real estate I own yields an annual income of approximately seven hundred thousand riyals. I see that some of my children will take advantage of my death to scatter, and humiliation will descend upon them; they do not want to remain united and supportive of one another after my death. Among them are two who are still minors in need of completing their education. So I thought, and I saw that after receiving your correct opinion and sound judgment, I should establish these buildings as an endowment (waqf) for my descendants after me, male and female, on the condition that what comes from them is distributed to them according to the legal shares of inheritance; because it is not right to separate them so that they are exposed to dispersion, and perhaps the devils of mankind will deceive them. Do you see any obstacle in this, or do you agree with me on this; for the sake of the general benefit of all the heirs? I am awaiting your guidance and what you consider good, and may Allah guide you to righteous deeds.
A: It is prescribed that you bequeath one-third or less of your wealth, and make it in
suitable real estate, the income from which is spent on acts of righteousness and good deeds; such as building mosques, and giving charity to the poor among relatives and others. If any of the descendants who have been born enter into this, they do so according to their need, and the rest of the wealth after the one-third belongs to the heirs, as the Prophet (peace and blessings be upon him) Sa'd ibn Abi Waqqas advised to do. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have nine children, who are the ones remaining now, and we praise Allah (Exalted and Majestic is He) for His abundant grace. The real estate I own yields an annual income of approximately seven hundred thousand riyals. I see that some of my children will take advantage of my death to scatter, and humiliation will descend upon them; they do not want to remain united and supportive of one another after my death. Among them are two who are still minors in need of completing their education. So I thought, and I saw that after receiving your correct opinion and sound judgment, I should establish these buildings as an endowment (waqf) for my descendants after me, male and female, on the condition that what comes from them is distributed to them according to the legal shares of inheritance; because it is not right to separate them so that they are exposed to dispersion, and perhaps the devils of mankind will deceive them. Do you see any obstacle in this, or do you agree with me on this; for the sake of the general benefit of all the heirs? I am awaiting your guidance and what you consider good, and may Allah guide you to righteous deeds.
A: It is prescribed that you bequeath one-third or less of your wealth, and make it in
suitable real estate, the income from which is spent on acts of righteousness and good deeds; such as building mosques, and giving charity to the poor among relatives and others. If any of the descendants who have been born enter into this, they do so according to their need, and the rest of the wealth after the one-third belongs to the heirs, as the Prophet (peace and blessings be upon him) Sa'd ibn Abi Waqqas advised to do. 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.