He bequeathed a sum from his capital and then passed away; is the sum to be paid from the capital or from one-third of the estate?
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Fatwa No. ( 17184 )
Q: We inform you that among the provisions of our father’s will, may Allah have mercy on him, is a statement that he had donated a sum of five hundred thousand riyals from his capital to be used for a mosque in a suitable location. The question: Is this sum to be deducted from the capital to carry out what is stated in the will, or not? Knowing that this will is in the handwriting of the honorable Shaykh Abdullah ibn Abd al-Rahman ibn Jibrin (may Allah preserve him), and a copy of it is attached.
A: The five hundred thousand that your father donated for the construction of a mosque is considered part of the one-third if your father passed away before it was carried out, unless the heirs who are of sound mind permit it to be paid from their share, in which case there is no harm. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform you that among the provisions of our father’s will, may Allah have mercy on him, is a statement that he had donated a sum of five hundred thousand riyals from his capital to be used for a mosque in a suitable location. The question: Is this sum to be deducted from the capital to carry out what is stated in the will, or not? Knowing that this will is in the handwriting of the honorable Shaykh Abdullah ibn Abd al-Rahman ibn Jibrin (may Allah preserve him), and a copy of it is attached.
A: The five hundred thousand that your father donated for the construction of a mosque is considered part of the one-third if your father passed away before it was carried out, unless the heirs who are of sound mind permit it to be paid from their share, in which case there is no harm. 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.