Depositing one-third with a merchant to trade in it via a profit-sharing partnership with a portion of its profit, and sacrificing on behalf of the bequeather from his profit
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Fatwa number ( 525 )
Q: Nusrat bint Ibrahim Abu Saleh passed awayin Riyadhfour years ago, and her original residence was inJilajil,and she left behind two daughters, a paternal sister, and two of her brother’s children. One of her daughters went toJilajiland entered her mother’s house four years after her death, where she found 1,010,010 riyals in a pot in a place in the house. We do not know if it was in a proper place in the house or if it was a trust with someone who recently returned it. Is zakat obligatory on it or not?Who is the one who should take charge of it? Is it her paternal sister or her brother’s children? She had appointed an agent for one-third of it.Who is the one who should take charge of it? Is it her paternal sister or her brother’s children? She had appointed an agent for one-third of it.
So, should a sacrifice be made for her from the one-third, or what should we do, considering that the one-third does not exceed 300 riyals? Please issue a ruling for us?
A: First: As for the division of her estate, the two daughters receive two-thirds, and the remainder goes to the paternal sister as a residuary heir, with nothing for the brother’s children. This is after settling any debt she may have had and executing her bequest. Second: As for the amount that one of her daughters found in the deceased’s house after four years had passed since her mother’s death, zakah is obligatory on it for the four years that have passed since the death, for whoever inherits it from the daughters and the sister, whether it was in her house from the time of death or was a trust with someone who placed it in the house recently or long ago. Third: As for the 300 riyals, which is her one-third, it should be deposited with a merchant to trade in it via a profit-sharing partnership with a portion of its profit, and a sacrifice should be made on behalf of the bequeather from his profit, so that the sacrifice continues to be made for her from the profit of her one-third, instead of being made from the one-third itself, which would be exhausted. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Nusrat bint Ibrahim Abu Saleh passed awayin Riyadhfour years ago, and her original residence was inJilajil,and she left behind two daughters, a paternal sister, and two of her brother’s children. One of her daughters went toJilajiland entered her mother’s house four years after her death, where she found 1,010,010 riyals in a pot in a place in the house. We do not know if it was in a proper place in the house or if it was a trust with someone who recently returned it. Is zakat obligatory on it or not?Who is the one who should take charge of it? Is it her paternal sister or her brother’s children? She had appointed an agent for one-third of it.Who is the one who should take charge of it? Is it her paternal sister or her brother’s children? She had appointed an agent for one-third of it.
So, should a sacrifice be made for her from the one-third, or what should we do, considering that the one-third does not exceed 300 riyals? Please issue a ruling for us?
A: First: As for the division of her estate, the two daughters receive two-thirds, and the remainder goes to the paternal sister as a residuary heir, with nothing for the brother’s children. This is after settling any debt she may have had and executing her bequest. Second: As for the amount that one of her daughters found in the deceased’s house after four years had passed since her mother’s death, zakah is obligatory on it for the four years that have passed since the death, for whoever inherits it from the daughters and the sister, whether it was in her house from the time of death or was a trust with someone who placed it in the house recently or long ago. Third: As for the 300 riyals, which is her one-third, it should be deposited with a merchant to trade in it via a profit-sharing partnership with a portion of its profit, and a sacrifice should be made on behalf of the bequeather from his profit, so that the sacrifice continues to be made for her from the profit of her one-third, instead of being made from the one-third itself, which would be exhausted. 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.