The Invented Bequest Is Not Executed
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Fatwa No. ( 1004 )
Q: I have bequests for a specific person: an 'Id sacrifice, food during Ramadan, and reciting a part of the Noble Qur'an every day, continuously and permanently.
Since it is now difficult to find someone who will strictly adhere to performing the recitation as was expected in the future, given the ease of livelihood and people's preoccupation with worldly affairs, is it permissible for me to redirect the amount equivalent to the recitation to another charitable cause that is more beneficial and broader in scope, or not?
A: A similar question was previously posed during the lifetime of His Eminence the Mufti, Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him). The Committee recalls the substance of that answer and considers it sufficient as an answer to this question: This condition is one of the invented conditions, so it is invalid. This is based on the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 2521Sahih (Darussalam), and his saying (peace and blessings be upon him): Sahih Muslim 1718a, and his saying (peace and blessings be upon him): Sahih Muslim 1718b. Based on the invalidity of this condition, the portion of the one-third yield that pertains to it is ruled as a severed endowment (waqf). It is to be distributed to the descendants of the endower, meaning his closest relatives by blood, as an endowment for them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have bequests for a specific person: an 'Id sacrifice, food during Ramadan, and reciting a part of the Noble Qur'an every day, continuously and permanently.
Since it is now difficult to find someone who will strictly adhere to performing the recitation as was expected in the future, given the ease of livelihood and people's preoccupation with worldly affairs, is it permissible for me to redirect the amount equivalent to the recitation to another charitable cause that is more beneficial and broader in scope, or not?
A: A similar question was previously posed during the lifetime of His Eminence the Mufti, Shaykh Muhammad ibn Ibrahim (may Allah have mercy on him). The Committee recalls the substance of that answer and considers it sufficient as an answer to this question: This condition is one of the invented conditions, so it is invalid. This is based on the saying of the Prophet (peace and blessings be upon him):
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط'A'isha reported Allah's Messenger (ﷺ) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
من أحدث في أمرنا هذا ما ليس منه فهو ردHe who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملاً ليس عليه أمرنا فهو رد
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.