He bequeathed one-third of his wealth, and this one-third is in agricultural property, and ownership of part of the one-third has been expropriated
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Fatwa number ( 20113 )
Q: My paternal grandfather, Nasser ibn Muhammad al-Batli, has a bequest of one-third of his wealth, and likewise my paternal grandfather’s father, Muhammad ibn Abdullah al-Batli, has a bequest of one-third of his wealth. They are in agricultural property, and ownership of part of the one-third has been expropriated, with a portion remaining. He asks whether the monetary compensation for the expropriated portion should be made into a mosque for them, since the remaining part of the one-third has a rental income that fulfills the bequests of both, or whether the compensation should be returned to something like the bequest by purchasing similar agricultural property? You will find attached a copy of the aforementioned bequests. I hope you will clarify this, may Allah preserve you as a treasure for Islam and Muslims, and benefit through you. Peace be upon you and Allah’s mercy and blessings.
A: The money obtained from the expropriation of part of the bequeathed one-third is not permissible to use for building a mosque. It is obligatory to purchase with it agricultural property similar to the bequeathed property. The matter is referred to the Sharia court. The rental income obtained from it follows the original bequest and is spent in its designated purpose. It is obligatory to execute the bequest according to what the bequeather specified, such as in sacrifices and the like, of which
there is a Sharia purpose in which it is spent. As for what has no purpose, such as a bequest for a lamp, a bucket, and the like, and what exceeds the execution of the bequest, the reference for that is the Sharia court, as it is the competent authority in that matter. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My paternal grandfather, Nasser ibn Muhammad al-Batli, has a bequest of one-third of his wealth, and likewise my paternal grandfather’s father, Muhammad ibn Abdullah al-Batli, has a bequest of one-third of his wealth. They are in agricultural property, and ownership of part of the one-third has been expropriated, with a portion remaining. He asks whether the monetary compensation for the expropriated portion should be made into a mosque for them, since the remaining part of the one-third has a rental income that fulfills the bequests of both, or whether the compensation should be returned to something like the bequest by purchasing similar agricultural property? You will find attached a copy of the aforementioned bequests. I hope you will clarify this, may Allah preserve you as a treasure for Islam and Muslims, and benefit through you. Peace be upon you and Allah’s mercy and blessings.
A: The money obtained from the expropriation of part of the bequeathed one-third is not permissible to use for building a mosque. It is obligatory to purchase with it agricultural property similar to the bequeathed property. The matter is referred to the Sharia court. The rental income obtained from it follows the original bequest and is spent in its designated purpose. It is obligatory to execute the bequest according to what the bequeather specified, such as in sacrifices and the like, of which
there is a Sharia purpose in which it is spent. As for what has no purpose, such as a bequest for a lamp, a bucket, and the like, and what exceeds the execution of the bequest, the reference for that is the Sharia court, as it is the competent authority in that matter. 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.