Executing the bequest according to the bequeather's text if there is benefit in it
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Fatwa number ( 14972 )
Q: I have a sister named Sharua bint 'Ajib, who passed away about 13 years ago. Since I was present with her before her death, she made a bequest to me, saying: "Set aside for me from my lawful property a water reservoir and a date palm." By the reservoir, she meant a public water source. Since her death, her inheritance has been settled and divided into three parts: two parts
for the heirs and one part that remained with me. Since her death, I have been developing what remained for her (the bequest). I have performed many acts of charity on her behalf, such as providing water collection points for people to drink from, buying dates from the palm trees and giving them in charity to the poor, and whenever a mosque is built near us, I contribute from her money to share in its construction with an amount of one thousand, two thousand, or five hundred. I also buy water pipes and install them at people's watering spots so they can benefit from them, as well as water faucets. Now, since about twenty thousand remains with me from her bequest, and I have asked some scholars who said that the bequest should be completed, which is: a reservoir and a date palm. Now, after this, I hope you will inform me about what I have done and what I should do regarding the bequest, since I am burdened with the bequest placed upon me? Please inform me, may Allah reward you with good.
A: It is obligatory for the executor of the bequest to carry out what the bequeather said, which is: building a reservoir and planting a date palm, if there is clear benefit for the people of the town. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a sister named Sharua bint 'Ajib, who passed away about 13 years ago. Since I was present with her before her death, she made a bequest to me, saying: "Set aside for me from my lawful property a water reservoir and a date palm." By the reservoir, she meant a public water source. Since her death, her inheritance has been settled and divided into three parts: two parts
for the heirs and one part that remained with me. Since her death, I have been developing what remained for her (the bequest). I have performed many acts of charity on her behalf, such as providing water collection points for people to drink from, buying dates from the palm trees and giving them in charity to the poor, and whenever a mosque is built near us, I contribute from her money to share in its construction with an amount of one thousand, two thousand, or five hundred. I also buy water pipes and install them at people's watering spots so they can benefit from them, as well as water faucets. Now, since about twenty thousand remains with me from her bequest, and I have asked some scholars who said that the bequest should be completed, which is: a reservoir and a date palm. Now, after this, I hope you will inform me about what I have done and what I should do regarding the bequest, since I am burdened with the bequest placed upon me? Please inform me, may Allah reward you with good.
A: It is obligatory for the executor of the bequest to carry out what the bequeather said, which is: building a reservoir and planting a date palm, if there is clear benefit for the people of the town. 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.