The Guardian's Disposition of the Surplus from the Yield of the One-Third
Machine translationRead the Arabic original
Fatwa No. ( 3226 )
Q: My brother passed away in the year 1394 AH, and he bequeathed one-third of his wealth for a Hajj for himself and his wife, and a sacrificial animal for both of them from the income. At the time of his death, the one-third amounted to forty-six thousand riyals. We invested this amount in trade, and it now amounts to three hundred and sixty thousand riyals, and we intend to purchase a property with it.
A: First: It is obligatory for the guardian of the one-third to offer a single sacrificial animal on behalf of the bequeather and his wife every year, permanently, from the yield of the one-third, and to perform Hajj on behalf of each of them once from the yield of the one-third. He does not have the right to include the bequeather's parents in their sacrifice, but he may offer a sacrifice on behalf of his parents and perform Hajj for them from the remaining yield of the one-third.
A: First: It is obligatory for the executor of the one-third to sacrifice one animal on behalf of the bequeather and his wife every year, permanently, from the income of the one-third, and to perform Hajj on behalf of each of them once from the income of the one-third. He is not permitted to include the bequeather's parents in their sacrifice, but he is permitted to sacrifice on behalf of his parents and perform Hajj for them from the remaining income of the one-third.
Second: Yes, it is permissible to give charity from the remaining income of the one-third to the poor, and to contribute from it to works of righteousness for the benefit of the deceased, after fulfilling what he specified in his will regarding the permanent sacrifice and the two Hajj pilgrimages. Third: The surplus from the income of the one-third is to be spent on avenues of righteousness, and if any of his relatives are poor, they are more deserving of having their needs met. Fourth: The executor has the right to dispose of the surplus from the income of the one-third in whatever he sees as righteousness toward the bequeather and as a benefit and advantage for the Muslims. Fifth: He is not permitted to give the wife the value of the Hajj that her husband bequeathed for her, unless she wishes to perform Hajj with it on her own behalf; in order to execute the text of the will. Sixth: There is no zakah in the one-third or in its income. However, it is obligatory for the executor to repair whatever needs repair of the property in which the one-third was placed. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My brother passed away in the year 1394 AH, and he bequeathed one-third of his wealth for a Hajj for himself and his wife, and a sacrificial animal for both of them from the income. At the time of his death, the one-third amounted to forty-six thousand riyals. We invested this amount in trade, and it now amounts to three hundred and sixty thousand riyals, and we intend to purchase a property with it.
A: First: It is obligatory for the guardian of the one-third to offer a single sacrificial animal on behalf of the bequeather and his wife every year, permanently, from the yield of the one-third, and to perform Hajj on behalf of each of them once from the yield of the one-third. He does not have the right to include the bequeather's parents in their sacrifice, but he may offer a sacrifice on behalf of his parents and perform Hajj for them from the remaining yield of the one-third.
A: First: It is obligatory for the executor of the one-third to sacrifice one animal on behalf of the bequeather and his wife every year, permanently, from the income of the one-third, and to perform Hajj on behalf of each of them once from the income of the one-third. He is not permitted to include the bequeather's parents in their sacrifice, but he is permitted to sacrifice on behalf of his parents and perform Hajj for them from the remaining income of the one-third.
Second: Yes, it is permissible to give charity from the remaining income of the one-third to the poor, and to contribute from it to works of righteousness for the benefit of the deceased, after fulfilling what he specified in his will regarding the permanent sacrifice and the two Hajj pilgrimages. Third: The surplus from the income of the one-third is to be spent on avenues of righteousness, and if any of his relatives are poor, they are more deserving of having their needs met. Fourth: The executor has the right to dispose of the surplus from the income of the one-third in whatever he sees as righteousness toward the bequeather and as a benefit and advantage for the Muslims. Fifth: He is not permitted to give the wife the value of the Hajj that her husband bequeathed for her, unless she wishes to perform Hajj with it on her own behalf; in order to execute the text of the will. Sixth: There is no zakah in the one-third or in its income. However, it is obligatory for the executor to repair whatever needs repair of the property in which the one-third was placed. 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.