The text of the testator's bequest must be executed, and no one may dispose of it otherwise
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Fatwa No. ( 19817 )
Q: My father, Ibrahim ibn Saleh al-Zayr, passed away many years ago, leaving behind four sons, three daughters, and a wife. He had a house in the town of Zamiqah in ad-Dal'am, and the house is next to the main mosque in Zamiqah. We, the heirs, relinquished the house to expand the mosque and its parking area. He also had a farm, which we divided, with each heir taking his share. My father (may Allah have mercy on him) bequeathed one-third of his wealth for the construction of a mosque, and one of the heirs, Saleh ibn Ibrahim al-Zayr, was allocated that one-third. I am the legal representative for all of us in legal disputes and in obtaining the title deed for the farm. I asked my brother to execute the bequest by building a mosque and to give me a legal deed in my father's name, Ibrahim ibn Saleh al-Zayr. The value of the one-third is three hundred thousand riyals. My brother Saleh says: "I will carry out the renovation of several mosques and build small mosques." Our intention is to clear the heirs' conscience and execute the bequest, so that no blame falls on them due to the delay caused by my brother Saleh. Is our action permissible, or is it sufficient for Saleh to act as he says, by renovating some of the mosques? Please rule on this.
A: It is obligatory for the one in charge of executing the bequest to fear Allah the Exalted and Sublime in this bequest, by executing it exactly as the testator specified, for he is
a trustee in what has been entrusted to him. If your father bequeathed one-third of his wealth for the construction of a mosque, then it is obligatory that this amount be spent on building one single mosque, as specified by the testator. It is not permissible to spend this money on renovating some mosques and building small ones; because that would be a violation of the testator's bequest and a frustration of the purpose the testator intended from the bequest. It is recommended for the one in charge of the bequest to consider the public benefit when building the mosque; by building it in a suitable location that achieves the purpose for which it was established. The more the mosque is in a place where its residents are in the greatest need of it, the better that is; so that the conscience is cleared and the obligatory duty is performed as it should be. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father, Ibrahim ibn Saleh al-Zayr, passed away many years ago, leaving behind four sons, three daughters, and a wife. He had a house in the town of Zamiqah in ad-Dal'am, and the house is next to the main mosque in Zamiqah. We, the heirs, relinquished the house to expand the mosque and its parking area. He also had a farm, which we divided, with each heir taking his share. My father (may Allah have mercy on him) bequeathed one-third of his wealth for the construction of a mosque, and one of the heirs, Saleh ibn Ibrahim al-Zayr, was allocated that one-third. I am the legal representative for all of us in legal disputes and in obtaining the title deed for the farm. I asked my brother to execute the bequest by building a mosque and to give me a legal deed in my father's name, Ibrahim ibn Saleh al-Zayr. The value of the one-third is three hundred thousand riyals. My brother Saleh says: "I will carry out the renovation of several mosques and build small mosques." Our intention is to clear the heirs' conscience and execute the bequest, so that no blame falls on them due to the delay caused by my brother Saleh. Is our action permissible, or is it sufficient for Saleh to act as he says, by renovating some of the mosques? Please rule on this.
A: It is obligatory for the one in charge of executing the bequest to fear Allah the Exalted and Sublime in this bequest, by executing it exactly as the testator specified, for he is
a trustee in what has been entrusted to him. If your father bequeathed one-third of his wealth for the construction of a mosque, then it is obligatory that this amount be spent on building one single mosque, as specified by the testator. It is not permissible to spend this money on renovating some mosques and building small ones; because that would be a violation of the testator's bequest and a frustration of the purpose the testator intended from the bequest. It is recommended for the one in charge of the bequest to consider the public benefit when building the mosque; by building it in a suitable location that achieves the purpose for which it was established. The more the mosque is in a place where its residents are in the greatest need of it, the better that is; so that the conscience is cleared and the obligatory duty is performed as it should be. 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.