He bequeathed one-third of his property as a perpetual charity to the trust of the executor, who is his eldest son
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Fatwa number ( 9032 )
Q: A man died leaving two sons and five daughters. He bequeathed one-third of his wealth and his inhabited property as a perpetual charity to the trust of the executor, who is his eldest son. Is this permissible or not? However, some of the heirs say that it is a trick to deprive the daughters. How should this one-third be spent, and is it valid or invalid? Please guide us. May Allah reward you with good.
A: It is recommended for a person to bequeath one-third of his wealth as charity on his behalf upon
his death; based on the established hadith of Sa'd ibn Abi Waqqas (may Allah be pleased with him), who said to the Prophet (peace and blessings be upon him):As-Sunan al-Kubra lil-Nasa'i 42:20 It is agreed upon by al-Bukhari and Muslim. The executor, who is the eldest son, acts as the overseer of the bequest, spending its yield as charity on behalf of the deceased according to the text of the bequeather. However, if he bequeathed the one-third to the eldest son as ownership, it is not permissible; based on the saying of the Prophet (peace and blessings be upon him): , and the money returns to all the heirs to be divided among them according to inheritance, unless the heirs permit it, in which case there is no harm if they are qualified to give permission according to the Shari'ah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man died leaving two sons and five daughters. He bequeathed one-third of his wealth and his inhabited property as a perpetual charity to the trust of the executor, who is his eldest son. Is this permissible or not? However, some of the heirs say that it is a trick to deprive the daughters. How should this one-third be spent, and is it valid or invalid? Please guide us. May Allah reward you with good.
A: It is recommended for a person to bequeath one-third of his wealth as charity on his behalf upon
his death; based on the established hadith of Sa'd ibn Abi Waqqas (may Allah be pleased with him), who said to the Prophet (peace and blessings be upon him):
Shall I bequeath all my wealth? He said: No. He said: Then half? He said: No. He said: Then one-third? He said: One-third, and one-third is a lot.
أوصي بمالي كله؟ قال: لا، قال: فالشطر؟ قال: لا، قال: فالثلث؟ قال: الثلث والثلث كثيرThere is no bequest for an heir
لا وصية لوارث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.