The Guardian's Disposition of the Bequest Contrary to the Testator's Text
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The second and third questions from Fatwa No. ( 20658 )
Q2: We have some specific bequests from our relatives (may Allah have mercy on them), and they bequeathed the 'Id sacrifice. Since some of the bequests do not cover the cost of the sacrifice and some do, and as you know (may Allah preserve you), in Makkah there are many sacrificial animals and hady, as well as the difficulty of moving to the place of sale
and slaughter and distributing it, and so on. So, if we pay it out in cash in Ramadan as charity on their behalf, is that permissible? Because it is more beneficial for them to pay it out in cash than in meat during 'Id al-Adha, and we do not want anything but reward and recompense for them and for us?
A2: The guardian must execute the deceased's bequest according to its text and wording, unless it contains a contradiction of a legal text. The bequest of the 'Id sacrifice is a valid bequest, for slaughter is a form of worship among the greatest acts of worship for Allah the Exalted. Therefore, it is obligatory for you to execute it. If the annual funds set aside for this purpose are not sufficient for the sacrifice every year, then the funds obtained from two or more years are combined for the sacrifice of one year; because that is what is within your capacity. Allah the Exalted said:[At-Taghabun 64:16] , and the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 7288 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: We have some specific bequests from our relatives (may Allah have mercy on them), and they bequeathed the 'Id sacrifice. Since some of the bequests do not cover the cost of the sacrifice and some do, and as you know (may Allah preserve you), in Makkah there are many sacrificial animals and hady, as well as the difficulty of moving to the place of sale
and slaughter and distributing it, and so on. So, if we pay it out in cash in Ramadan as charity on their behalf, is that permissible? Because it is more beneficial for them to pay it out in cash than in meat during 'Id al-Adha, and we do not want anything but reward and recompense for them and for us?
A2: The guardian must execute the deceased's bequest according to its text and wording, unless it contains a contradiction of a legal text. The bequest of the 'Id sacrifice is a valid bequest, for slaughter is a form of worship among the greatest acts of worship for Allah the Exalted. Therefore, it is obligatory for you to execute it. If the annual funds set aside for this purpose are not sufficient for the sacrifice every year, then the funds obtained from two or more years are combined for the sacrifice of one year; because that is what is within your capacity. Allah the Exalted said:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْAnd if I order you to do something, then do of it as much as you can.
إذا أمرتكم بأمر فأتوا منه ما استطعتم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.