The Guardian's Disposition of the One-Third Share by Sale or Exchange
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The first question of Fatwa No. ( 5107 )
Q1: My father (may Allah have mercy on him) passed away and bequeathed one-third of his wealth for the Iftar meal in Ramadan and the Udhiyah sacrifice. I allocated this to a small house, using its rental income to fulfill the bequest. However, I fear that after my death, it will not be carried out and the house will be abandoned, yielding no benefit, as there is no one to maintain it. Is there any blame on me if I exchange this for a mosque, which would yield a more lasting reward and be safer from loss, provided that
I currently cannot find a recipient for the Iftar meal, and I will perform the Udhiyah sacrifice as long as I am alive and able?
A1: The guardian's disposition of the one-third share by sale or exchange is subject to the ruling of the Shari'ah judge. You may consult the judge of the town where the bequeathed property is located and present the matter to him so that he may examine it in accordance with the Shari'ah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: My father (may Allah have mercy on him) passed away and bequeathed one-third of his wealth for the Iftar meal in Ramadan and the Udhiyah sacrifice. I allocated this to a small house, using its rental income to fulfill the bequest. However, I fear that after my death, it will not be carried out and the house will be abandoned, yielding no benefit, as there is no one to maintain it. Is there any blame on me if I exchange this for a mosque, which would yield a more lasting reward and be safer from loss, provided that
I currently cannot find a recipient for the Iftar meal, and I will perform the Udhiyah sacrifice as long as I am alive and able?
A1: The guardian's disposition of the one-third share by sale or exchange is subject to the ruling of the Shari'ah judge. You may consult the judge of the town where the bequeathed property is located and present the matter to him so that he may examine it in accordance with the Shari'ah. 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.