I deposited a sum of money with a person and instructed him to give it all in charity after her death. She has five daughters and has other money that is less than this amount.
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Fatwa number ( 16617 )
Q:I have a trusta sum of money amounting to forty-nine thousand riyals (49,000) which I deposited with an elderly woman, who is my wife’s mother. She instructed me that no one should know about this sum, and that I should give it in charity on her behalf after her death. I have taken it upon myself to give it all in charity, and no one knows about this money. I also inform you that no one visits this elderly woman except her five married daughters, and none of them were with her in the house. I intend to carry out this bequest, but I fear that sin will befall me from the daughters, because the heir is included in his father’s inheritance. Please advise us, may Allah reward you with good. Should I give this in charity
amount in charity, or part of it, or what should I do? Because I want to carry out the bequest and I fear sin from her daughters. I inform you that this amount was not acquired from her husband’s money, but rather from insurance and from doers of good. I also inform you that the five daughters found a sum of twenty-seven thousand (27000) with her after she passed away, and they gave charity to their mother from this amount, and they placed the rest in a mosque. This is contrary to the trust that is with me. So I ask Allah, then you, to be generous, may Allah reward you with good, in answering my question regarding me and this elderly woman.
A: The bequest mentioned is not valid except in one-third of the wealth, and the two-thirds belong to her heirs, unless they permit the entire amount to be given in charity on her behalf. So you must inform her heirs of the bequest. If they approve it, carry it out. If they do not permit it, carry it out in one-third only. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q:I have a trusta sum of money amounting to forty-nine thousand riyals (49,000) which I deposited with an elderly woman, who is my wife’s mother. She instructed me that no one should know about this sum, and that I should give it in charity on her behalf after her death. I have taken it upon myself to give it all in charity, and no one knows about this money. I also inform you that no one visits this elderly woman except her five married daughters, and none of them were with her in the house. I intend to carry out this bequest, but I fear that sin will befall me from the daughters, because the heir is included in his father’s inheritance. Please advise us, may Allah reward you with good. Should I give this in charity
amount in charity, or part of it, or what should I do? Because I want to carry out the bequest and I fear sin from her daughters. I inform you that this amount was not acquired from her husband’s money, but rather from insurance and from doers of good. I also inform you that the five daughters found a sum of twenty-seven thousand (27000) with her after she passed away, and they gave charity to their mother from this amount, and they placed the rest in a mosque. This is contrary to the trust that is with me. So I ask Allah, then you, to be generous, may Allah reward you with good, in answering my question regarding me and this elderly woman.
A: The bequest mentioned is not valid except in one-third of the wealth, and the two-thirds belong to her heirs, unless they permit the entire amount to be given in charity on her behalf. So you must inform her heirs of the bequest. If they approve it, carry it out. If they do not permit it, carry it out in one-third only. 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.