If a bequest includes a bequest to a person in exchange for a right he has, it is not counted from the one-third
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Fatwa No. ( 450 )
Q: After the Committee studied the question and its attachments, it found: A - A bequest which stated: I bequeath that the house which I bought from Hamdan is an endowment for Juz'a bint Falih, in which she and her parents have a share, and for the daughters of bint Shu'ayl, in which she and her parents have a share, and this is in exchange for dirhams owed to Wadha by the aforementioned women, written by 'Abd Allah ibn Rashid ibn 'Asakir, dated 7/7/1374 AH.
2 - Another bequest which stated: This is what Wadha bint Hazm ibn Hathlin has bequeathed; I bequeath, while I am in good health, one-third of my wealth... etc., written by Sa'd ibn Hamdan, dated 25/10/1390 AH. It is certified by the honorable Shaykh 'Ibrahim ibn Muhammad ibn 'Ibrahim on 27/8/1390 AH. 3 - Sarah bint 'Abd al-'Aziz asks about the house that Wadha bequeathed to Juz'a and the daughters of bint Shu'ayl: is it part of her one-third, or is it outside the one-third? 4 - Since Wadha bint Hazm appointed Sarah as her agent over her one-third, does this make her an agent over the house of Juz'a and the daughters of bint Shu'ayl?
A: Since Wadha bint Hazm stated that the house she bequeathed to Juz'a and the daughters of bint Shu'ayl is in exchange for dirhams owed to Wadha by them, and that Wadha bequeathed her one-third and appointed Sarah as her agent over her one-third, then the bequest of the one-third is valid, and her appointment of Sarah as agent over her one-third is valid. As for the house of Juz'a and the daughters of bint Shu'ayl, it is not considered part of Wadha bint Hazm's one-third; because she acknowledged a debt upon her to Juz'a and the daughters of bint Shu'ayl, and that this house is in exchange for it. As for what concerns appointing a supervisor over the house of Juz'a and the daughters of bint Shu'ayl, this is within the jurisdiction of the court. The questioner may refer to the court to appoint a religious supervisor. As for Wadha's
bint Hazm's appointment of Sarah bint 'Abd al-'Aziz as her agent over her one-third, the agency does not extend to the house of Juz'a and the daughters of bint Shu'ayl. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: After the Committee studied the question and its attachments, it found: A - A bequest which stated: I bequeath that the house which I bought from Hamdan is an endowment for Juz'a bint Falih, in which she and her parents have a share, and for the daughters of bint Shu'ayl, in which she and her parents have a share, and this is in exchange for dirhams owed to Wadha by the aforementioned women, written by 'Abd Allah ibn Rashid ibn 'Asakir, dated 7/7/1374 AH.
2 - Another bequest which stated: This is what Wadha bint Hazm ibn Hathlin has bequeathed; I bequeath, while I am in good health, one-third of my wealth... etc., written by Sa'd ibn Hamdan, dated 25/10/1390 AH. It is certified by the honorable Shaykh 'Ibrahim ibn Muhammad ibn 'Ibrahim on 27/8/1390 AH. 3 - Sarah bint 'Abd al-'Aziz asks about the house that Wadha bequeathed to Juz'a and the daughters of bint Shu'ayl: is it part of her one-third, or is it outside the one-third? 4 - Since Wadha bint Hazm appointed Sarah as her agent over her one-third, does this make her an agent over the house of Juz'a and the daughters of bint Shu'ayl?
A: Since Wadha bint Hazm stated that the house she bequeathed to Juz'a and the daughters of bint Shu'ayl is in exchange for dirhams owed to Wadha by them, and that Wadha bequeathed her one-third and appointed Sarah as her agent over her one-third, then the bequest of the one-third is valid, and her appointment of Sarah as agent over her one-third is valid. As for the house of Juz'a and the daughters of bint Shu'ayl, it is not considered part of Wadha bint Hazm's one-third; because she acknowledged a debt upon her to Juz'a and the daughters of bint Shu'ayl, and that this house is in exchange for it. As for what concerns appointing a supervisor over the house of Juz'a and the daughters of bint Shu'ayl, this is within the jurisdiction of the court. The questioner may refer to the court to appoint a religious supervisor. As for Wadha's
bint Hazm's appointment of Sarah bint 'Abd al-'Aziz as her agent over her one-third, the agency does not extend to the house of Juz'a and the daughters of bint Shu'ayl. 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.