Permissibility of revoking a bequest if it involves injustice to the heirs
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Fatwa No. ( 13977 )
Q: I previously endowed my best agricultural land, which is valued at approximately eighteen ma'ad minus one-eighth, as a conditional endowment (waqf) to be effective after my death for my descendants, with males receiving twice the share of females. I fear that this endowment may be unjust to the heirs for the following reasons: First, the land is agricultural and does not yield fruit as usual; rather, it requires many years to become productive, and it may remain unproductive most of the time, becoming idle with no produce and not suitable for sale. Second, most of my family are women, and I fear that men will abandon the endowment and leave the women as dependents with nothing. Third, the land I endowed is among the best lands I own, and I fear that Allah will hold me accountable for this after my death.
Some students of knowledge told me that the statements of the Hanbali scholars indicate that a condition suspended on death or on a condition in life does not become binding before the occurrence of the condition upon which it is suspended; because what is suspended on death is a bequest, and in their view, a bequest does not become binding except by death, and what is suspended on a condition in life is similar in meaning and thus has a similar ruling. End of quote. Therefore, I hope you will present my case to His Eminence the Mufti, the honorable Shaykh \ Abd al-Aziz ibn Abd Allah ibn Baz, so that by doing so, I will have presented my case to the scholars; to save my conscience before my death, or to guide me in the righteous direction that will free my conscience from what I have placed it in. May Allah protect you.
A: It is permissible for you to revoke this bequest; in fact, that is preferable for you and is what is best for the heirs. It has been established from the Prophet (peace and blessings be upon him) what indicates this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I previously endowed my best agricultural land, which is valued at approximately eighteen ma'ad minus one-eighth, as a conditional endowment (waqf) to be effective after my death for my descendants, with males receiving twice the share of females. I fear that this endowment may be unjust to the heirs for the following reasons: First, the land is agricultural and does not yield fruit as usual; rather, it requires many years to become productive, and it may remain unproductive most of the time, becoming idle with no produce and not suitable for sale. Second, most of my family are women, and I fear that men will abandon the endowment and leave the women as dependents with nothing. Third, the land I endowed is among the best lands I own, and I fear that Allah will hold me accountable for this after my death.
Some students of knowledge told me that the statements of the Hanbali scholars indicate that a condition suspended on death or on a condition in life does not become binding before the occurrence of the condition upon which it is suspended; because what is suspended on death is a bequest, and in their view, a bequest does not become binding except by death, and what is suspended on a condition in life is similar in meaning and thus has a similar ruling. End of quote. Therefore, I hope you will present my case to His Eminence the Mufti, the honorable Shaykh \ Abd al-Aziz ibn Abd Allah ibn Baz, so that by doing so, I will have presented my case to the scholars; to save my conscience before my death, or to guide me in the righteous direction that will free my conscience from what I have placed it in. May Allah protect you.
A: It is permissible for you to revoke this bequest; in fact, that is preferable for you and is what is best for the heirs. It has been established from the Prophet (peace and blessings be upon him) what indicates this. 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.