Dividing the remaining income from the one-third and who is most entitled to it
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Fatwa number ( 2614 )
Q: My father left me a bequest according to the attached copy of the will, which states: “I bequeath one-third of what I leave behind to be used for three sacrificial animals permanently, one for him, one for his mother, and the third for his father. I also bequeath three Hajj pilgrimages, one for his mother, one for his father, and the third for his maternal brother. The trustee of the one-third and the sacrifices is his daughter, Tuffah, and after her, Fahd ibn Sa'd ibn Hamad, his brother’s son. He died leaving a daughter, who is me, the trustee, and a brother who is younger than me, aged 15 years. I am an employee and married, and my brother is a student. So my question, O honorable Shaykh: Who is most entitled to the remaining income from the one-third, and what is the method of its distribution? Does the man have the same right as the two women, or does each person, man and woman, get half?
A : If the situation is as described in the will, that the one-third is to be used for three sacrificial animals permanently, and three Hajj pilgrimages only for those mentioned, then the remaining income from the one-third is to be spent on acts of righteousness, such as the poor, the construction of mosques, and the like. If there is a poor person among the bequeather’s descendants or his relatives, he is more entitled to it because of his poverty; because the bequeather’s intention was righteousness with the entire income of the one-third, and he specified the three sacrifices and the three pilgrimages as its expenditure, so those are given priority, and then the remaining income is spent as mentioned. And if the endowment needs repair, that takes precedence over what was mentioned. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father left me a bequest according to the attached copy of the will, which states: “I bequeath one-third of what I leave behind to be used for three sacrificial animals permanently, one for him, one for his mother, and the third for his father. I also bequeath three Hajj pilgrimages, one for his mother, one for his father, and the third for his maternal brother. The trustee of the one-third and the sacrifices is his daughter, Tuffah, and after her, Fahd ibn Sa'd ibn Hamad, his brother’s son. He died leaving a daughter, who is me, the trustee, and a brother who is younger than me, aged 15 years. I am an employee and married, and my brother is a student. So my question, O honorable Shaykh: Who is most entitled to the remaining income from the one-third, and what is the method of its distribution? Does the man have the same right as the two women, or does each person, man and woman, get half?
A : If the situation is as described in the will, that the one-third is to be used for three sacrificial animals permanently, and three Hajj pilgrimages only for those mentioned, then the remaining income from the one-third is to be spent on acts of righteousness, such as the poor, the construction of mosques, and the like. If there is a poor person among the bequeather’s descendants or his relatives, he is more entitled to it because of his poverty; because the bequeather’s intention was righteousness with the entire income of the one-third, and he specified the three sacrifices and the three pilgrimages as its expenditure, so those are given priority, and then the remaining income is spent as mentioned. And if the endowment needs repair, that takes precedence over what was mentioned. 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.