Demanding a portion of the one-third to be spent on charitable causes, or for the executor to spend it
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Fatwa number ( 9685 )
Q: I inform you that my husband, Ali al-Hamd al-Sulayman, passed away about ten years ago, and his inheritance was restricted to his wife and his two sons. However, may Allah have mercy on him, he had bequeathed one-third of his estate to charitable works. This bequest was made before he married me and before I bore him his second son, as his first son was from his first wife, whom he had divorced. Consequently, he passed away and the bequest remained as it was. Since his death, this one-third has remained frozen and under the guardianship of the legal executor, my husband’s cousin, and no action has been taken with it, nor even with a part of it. When I approached the executor to obtain a portion of this one-third to spend on charitable causes, such as helping the needy among my relatives and paying off a debt due on my brothers, the executor informed me that there is no objection
If you issue me a written legal fatwa confirming my right to claim this portion, knowing that one-third of the estate is a large amount, praise be to Allah. Therefore, I hope you will kindly issue me a fatwa on whether it is my right to claim a portion of this one-third to spend it on acts of charity, or for the executor to spend it if I direct him to channels of charity, such as helping those in need among my relatives and paying off my brothers' debts. Please note that the debt has become due and its time for repayment has arrived, but my brothers have found it difficult to pay it off. I also inform you that the executor is my husband's cousin, a noble, trustworthy, and reliable man, but he requested this fatwa to clear his conscience and to carry out the testator's will.
A: The testator must dispose of the bequeathed one-third in charitable works in consultation with the honorable judge of the jurisdiction. Accordingly, if he needs guidance and direction, he should refer to the honorable judge and ask him about any difficulties he faces regarding the expenditures of the bequest. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform you that my husband, Ali al-Hamd al-Sulayman, passed away about ten years ago, and his inheritance was restricted to his wife and his two sons. However, may Allah have mercy on him, he had bequeathed one-third of his estate to charitable works. This bequest was made before he married me and before I bore him his second son, as his first son was from his first wife, whom he had divorced. Consequently, he passed away and the bequest remained as it was. Since his death, this one-third has remained frozen and under the guardianship of the legal executor, my husband’s cousin, and no action has been taken with it, nor even with a part of it. When I approached the executor to obtain a portion of this one-third to spend on charitable causes, such as helping the needy among my relatives and paying off a debt due on my brothers, the executor informed me that there is no objection
If you issue me a written legal fatwa confirming my right to claim this portion, knowing that one-third of the estate is a large amount, praise be to Allah. Therefore, I hope you will kindly issue me a fatwa on whether it is my right to claim a portion of this one-third to spend it on acts of charity, or for the executor to spend it if I direct him to channels of charity, such as helping those in need among my relatives and paying off my brothers' debts. Please note that the debt has become due and its time for repayment has arrived, but my brothers have found it difficult to pay it off. I also inform you that the executor is my husband's cousin, a noble, trustworthy, and reliable man, but he requested this fatwa to clear his conscience and to carry out the testator's will.
A: The testator must dispose of the bequeathed one-third in charitable works in consultation with the honorable judge of the jurisdiction. Accordingly, if he needs guidance and direction, he should refer to the honorable judge and ask him about any difficulties he faces regarding the expenditures of the bequest. 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.