The income of the one-third is considered from the time of its separation and designation
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Fatwa No. ( 16542 )
Q: Our father (may Allah have mercy on him) passed away on 25/7/1411 AH, and he bequeathed that one-third of what he left behind in wealth be spent on charitable works, Hajj, and sacrificial animals. One-third of his wealth has been separated from the real estate he left behind (may Allah have mercy on him). The question is: Is the income of the one-third calculated from the date of our father’s death (may Allah have mercy on him), or from the date of the separation of the one-third? And if it is from the date of separation, to whom does the income prior to separation belong?
A: The income of the one-third is considered from the time of its separation and designation; because before that, it was undivided in the estate, not designated or known, and its right is to be separated from the entire estate along with its increase, if it has any increase. After it was separated, it has its own specific increase. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Our father (may Allah have mercy on him) passed away on 25/7/1411 AH, and he bequeathed that one-third of what he left behind in wealth be spent on charitable works, Hajj, and sacrificial animals. One-third of his wealth has been separated from the real estate he left behind (may Allah have mercy on him). The question is: Is the income of the one-third calculated from the date of our father’s death (may Allah have mercy on him), or from the date of the separation of the one-third? And if it is from the date of separation, to whom does the income prior to separation belong?
A: The income of the one-third is considered from the time of its separation and designation; because before that, it was undivided in the estate, not designated or known, and its right is to be separated from the entire estate along with its increase, if it has any increase. After it was separated, it has its own specific increase. 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.