The bequest is paid out of everything the deceased owned after his debts are settled
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Fatwa number ( 4562 )
Q: My father passed away (may Allah have mercy on him), and I want to give away one-third of the wealth he left behind in this world. Should I give away one-third of the money (cash) he left, or one-third of everything he owned, including cash, livestock, and agricultural land? If the one-third of the deceased is gathered, in what should it be spent? My father passed away owing (8,500 riyals). Should I pay off his debt before giving away his one-third, or after? If my father bequeathed his one-third to his eldest brother, knowing that his eldest brother says: “I do not want the deceased’s one-third to be with me,”
Is it my right to have the deceased’s one-third with me, or should I force my eldest brother to take it? Is it permissible for me to buy and sell from the deceased’s one-third so that it is available and its value is increased? Please inform us.
A: First: It is obligatory to pay out his bequest of one-third of his wealth from everything he owned, including cash, livestock, and agricultural land, not just one-third of the cash, and this is after settling his debt. Second: The produce and profit of the bequest should be spent on the charitable causes specified by the bequeather. If he did not specify a charitable cause for spending it, the executor should spend it on what he sees as the best of charitable causes, such as giving it to the poor or building mosques. Third: If your father’s brother accepts to take charge of the bequest, praise be to Allah. Otherwise, the honorable judge of the area where the bequest is located should be asked to appoint someone he deems qualified for it, whether from the bequeather’s children or others. Fourth: Disposing of the bequeathed wealth by selling, buying, and the like is to be done by the person who has been granted authority over the bequest, according to what he sees as in the interest of preserving and growing it, whether the person granted authority over the bequest is the deceased’s brother or someone else.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: My father passed away (may Allah have mercy on him), and I want to give away one-third of the wealth he left behind in this world. Should I give away one-third of the money (cash) he left, or one-third of everything he owned, including cash, livestock, and agricultural land? If the one-third of the deceased is gathered, in what should it be spent? My father passed away owing (8,500 riyals). Should I pay off his debt before giving away his one-third, or after? If my father bequeathed his one-third to his eldest brother, knowing that his eldest brother says: “I do not want the deceased’s one-third to be with me,”
Is it my right to have the deceased’s one-third with me, or should I force my eldest brother to take it? Is it permissible for me to buy and sell from the deceased’s one-third so that it is available and its value is increased? Please inform us.
A: First: It is obligatory to pay out his bequest of one-third of his wealth from everything he owned, including cash, livestock, and agricultural land, not just one-third of the cash, and this is after settling his debt. Second: The produce and profit of the bequest should be spent on the charitable causes specified by the bequeather. If he did not specify a charitable cause for spending it, the executor should spend it on what he sees as the best of charitable causes, such as giving it to the poor or building mosques. Third: If your father’s brother accepts to take charge of the bequest, praise be to Allah. Otherwise, the honorable judge of the area where the bequest is located should be asked to appoint someone he deems qualified for it, whether from the bequeather’s children or others. Fourth: Disposing of the bequeathed wealth by selling, buying, and the like is to be done by the person who has been granted authority over the bequest, according to what he sees as in the interest of preserving and growing it, whether the person granted authority over the bequest is the deceased’s brother or someone else.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.