If a deceased person’s estate includes an inheritance from his grandfather that he was unaware of, the bequest covers it
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Fatwa No. ( 885 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet: The Permanent Committee for Scholarly Research and Ifta has reviewed the question sent by 'Abd al-'Aziz ibn 'Uwaid to the Honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number 2/1479 and date
8/10/1394 AH, along with its attachment referred with number 15644/2. The Committee also reviewed copies of the two attached documents. Upon studying the question and the documents, the Committee found: 1 - The bequest of Muhammad ibn Ibrahim ibn 'Uwaid states that he bequeathed that one-third of his wealth be for a Hajj as an obligation of Islam, and a sacrifice on a permanent basis. It contains the testimony of 'Abd al-Rahman ibn 'Abd Allah ibn Maqham, 'Abd Allah ibn Badi', and his scribe 'Abd Allah ibn 'Ali ibn Maqham in the year 1315 AH, on 23 Shawwal. 2 - This is the text of the document: In the name of Allah, the Most Gracious, the Most Merciful. Let it be known to those concerned that the heirs of Muhammad ibn Ibrahim ibn 'Uwaid, namely: his mother, his sister, and his cousin Muhammad ibn 'Abd al-'Aziz, when they divided the estate, decided that Muhammad’s bequeathed one-third be for a Hajj and a sacrifice in the land known as al-Sha'ibah, including its land and its tamarisk trees. The share of Ibrahim—meaning the daughter and her mother—from within Muhammad’s one-third is included in Muhammad’s one-third; because they did not divide Ibrahim’s estate until after Muhammad’s death, so the entire aforementioned land and its tamarisk trees became a waqf (endowment) for the aforementioned Muhammad in what he specified. Muhammad ibn Salim testified to this, and his scribe, the one in need of his Lord, Muhammad ibn 'Abd al-'Aziz al-Hilali, testified to it. And may Allah send prayers upon our Prophet Muhammad and his family and companions. 8 B/1326, and it bears the scribe’s seal.
In the name of Allah, the Most Gracious, the Most Merciful. The two aforementioned witnesses testified before me to the agreement of the heirs of Muhammad ibn Ibrahim ibn 'Uwaid to designate the aforementioned land as the one-third of their deceased relative, and Muhammad ibn 'Abd al-'Aziz ibn 'Uwaid acknowledged this before me, so the aforementioned land becomes a valid waqf (endowment), its produce to be disposed of as the testator specified, for a Hajj and a sacrifice on a permanent basis. This was written by his scribe Ibrahim ibn 'Abd al-Latif on 22 B/1326, and it bears the seal. 3 - The question reads: Muhammad ibn Ibrahim ibn 'Uwaid bequeathed that one-third of his wealth be for a Hajj as an obligation of Islam and a sacrifice on a permanent basis, as is clear from the attached bequest. The division of the aforementioned person’s estate was completed after his death among his heirs, who are his mother, his sister, and his cousin. The share of the bequest in it was the land known as al-Thasa'ibah, as is clear from the attached document. However, after the division of the aforementioned person’s estate, Muhammad ibn Ibrahim ibn 'Uwaid, and the extraction of his bequeathed one-third, it became clear that the aforementioned person had an inheritance from his grandfather’s father. We ask you to inform us: Does the one-third for the bequest come out of the testator’s inheritance from his grandfather’s father, or does the one-third only apply to the wealth known to the testator at the time of the bequest? End of question.
After the Committee’s study of the two documents and the question, it wrote the following answer: If the matter is as stated, then what is revealed to be an inheritance for him from his grandfather’s father is subject to his one-third; because he was its owner until his death, so the reality of the matter
and the fact that he was unaware that this land was from the remnants of his grandfather’s father has no effect, so it does not prevent his bequest of the one-third from applying to it. As for the heirs, after the testator’s one-third is taken from what was finally revealed, each takes his or her inheritance share from it according to the prescribed Islamic shares. And success is from Allah, and may Allah send prayers upon our Prophet Muhammad and his family and companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet: The Permanent Committee for Scholarly Research and Ifta has reviewed the question sent by 'Abd al-'Aziz ibn 'Uwaid to the Honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, which was referred to the Committee by the General Secretariat of the Council of Senior Scholars with number 2/1479 and date
8/10/1394 AH, along with its attachment referred with number 15644/2. The Committee also reviewed copies of the two attached documents. Upon studying the question and the documents, the Committee found: 1 - The bequest of Muhammad ibn Ibrahim ibn 'Uwaid states that he bequeathed that one-third of his wealth be for a Hajj as an obligation of Islam, and a sacrifice on a permanent basis. It contains the testimony of 'Abd al-Rahman ibn 'Abd Allah ibn Maqham, 'Abd Allah ibn Badi', and his scribe 'Abd Allah ibn 'Ali ibn Maqham in the year 1315 AH, on 23 Shawwal. 2 - This is the text of the document: In the name of Allah, the Most Gracious, the Most Merciful. Let it be known to those concerned that the heirs of Muhammad ibn Ibrahim ibn 'Uwaid, namely: his mother, his sister, and his cousin Muhammad ibn 'Abd al-'Aziz, when they divided the estate, decided that Muhammad’s bequeathed one-third be for a Hajj and a sacrifice in the land known as al-Sha'ibah, including its land and its tamarisk trees. The share of Ibrahim—meaning the daughter and her mother—from within Muhammad’s one-third is included in Muhammad’s one-third; because they did not divide Ibrahim’s estate until after Muhammad’s death, so the entire aforementioned land and its tamarisk trees became a waqf (endowment) for the aforementioned Muhammad in what he specified. Muhammad ibn Salim testified to this, and his scribe, the one in need of his Lord, Muhammad ibn 'Abd al-'Aziz al-Hilali, testified to it. And may Allah send prayers upon our Prophet Muhammad and his family and companions. 8 B/1326, and it bears the scribe’s seal.
In the name of Allah, the Most Gracious, the Most Merciful. The two aforementioned witnesses testified before me to the agreement of the heirs of Muhammad ibn Ibrahim ibn 'Uwaid to designate the aforementioned land as the one-third of their deceased relative, and Muhammad ibn 'Abd al-'Aziz ibn 'Uwaid acknowledged this before me, so the aforementioned land becomes a valid waqf (endowment), its produce to be disposed of as the testator specified, for a Hajj and a sacrifice on a permanent basis. This was written by his scribe Ibrahim ibn 'Abd al-Latif on 22 B/1326, and it bears the seal. 3 - The question reads: Muhammad ibn Ibrahim ibn 'Uwaid bequeathed that one-third of his wealth be for a Hajj as an obligation of Islam and a sacrifice on a permanent basis, as is clear from the attached bequest. The division of the aforementioned person’s estate was completed after his death among his heirs, who are his mother, his sister, and his cousin. The share of the bequest in it was the land known as al-Thasa'ibah, as is clear from the attached document. However, after the division of the aforementioned person’s estate, Muhammad ibn Ibrahim ibn 'Uwaid, and the extraction of his bequeathed one-third, it became clear that the aforementioned person had an inheritance from his grandfather’s father. We ask you to inform us: Does the one-third for the bequest come out of the testator’s inheritance from his grandfather’s father, or does the one-third only apply to the wealth known to the testator at the time of the bequest? End of question.
After the Committee’s study of the two documents and the question, it wrote the following answer: If the matter is as stated, then what is revealed to be an inheritance for him from his grandfather’s father is subject to his one-third; because he was its owner until his death, so the reality of the matter
and the fact that he was unaware that this land was from the remnants of his grandfather’s father has no effect, so it does not prevent his bequest of the one-third from applying to it. As for the heirs, after the testator’s one-third is taken from what was finally revealed, each takes his or her inheritance share from it according to the prescribed Islamic shares. And success is from Allah, and may Allah send prayers upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.