How to spend the remaining money after executing the bequest
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Fatwa number ( 1538 )
Q: My grandmother, my mother’s mother, had a house. Upon her death, she entrusted my mother with it for the purpose of the 'Id sacrifice. During my mother’s lifetime, sometimes the sacrifice was performed and sometimes it was not, due to the house being in ruins. When my mother was on her deathbed, she bequeathed to me that I should renovate it. She sought permission from her heirs regarding what she left behind, asking them to allow me to use it for the renovation of the house, and they granted permission. She left one thousand and two hundred riyals (1200). I carried out the work on the house in accordance with my mother’s bequest to me, which was my intention, and I renovated it with my own money until the house became like other inhabited houses. Now, it yields a profit much greater than the cost of the sacrifice. I am now seeking a ruling on this: Is it permissible for me, on the basis that I revived a dead thing, or for anyone who has another ruined house, to collect the produce of this house and put it into that other house?
A : Given that your mother bequeathed to you the renovation of this house belonging to your grandmother, and that she had entrusted your mother with it for the 'Id sacrifice, and that the house was in ruins, and that you sought permission from your mother’s heirs to allow you to use what she left for them from the inheritance, which is one thousand and two hundred riyals, and they granted permission, and you renovated the house with this amount and carried out
the work on the house in accordance with your mother’s bequest, and you renovated it with your own money, then what the heirs donated is a donation from them to the owner of the house, and what you spent on the house is the execution of your mother’s bequest, so you are a donor to your grandmother. Based on this, the priority for the produce of this house is its repair, then the execution of the bequest of the one who made the bequest, and what remains after that is to be spent on acts of charity at the discretion of the legal trustee. Among the acts of charity are her poor relatives, who are more deserving than others. If a dispute arises, it is referred to the Shari'ah court. As for the other house you mentioned that belongs to your grandmother and is in ruins, if it is an annex to the house, we have informed you of its ruling. But if it is part of the estate and not part of the endowment house, then its matter is up to the heirs. If they permit it to be made an annex to the endowment house, its ruling is the same as that of the endowment house. If they do not permit it, it is among the heirs according to the ruling of Allah. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My grandmother, my mother’s mother, had a house. Upon her death, she entrusted my mother with it for the purpose of the 'Id sacrifice. During my mother’s lifetime, sometimes the sacrifice was performed and sometimes it was not, due to the house being in ruins. When my mother was on her deathbed, she bequeathed to me that I should renovate it. She sought permission from her heirs regarding what she left behind, asking them to allow me to use it for the renovation of the house, and they granted permission. She left one thousand and two hundred riyals (1200). I carried out the work on the house in accordance with my mother’s bequest to me, which was my intention, and I renovated it with my own money until the house became like other inhabited houses. Now, it yields a profit much greater than the cost of the sacrifice. I am now seeking a ruling on this: Is it permissible for me, on the basis that I revived a dead thing, or for anyone who has another ruined house, to collect the produce of this house and put it into that other house?
A : Given that your mother bequeathed to you the renovation of this house belonging to your grandmother, and that she had entrusted your mother with it for the 'Id sacrifice, and that the house was in ruins, and that you sought permission from your mother’s heirs to allow you to use what she left for them from the inheritance, which is one thousand and two hundred riyals, and they granted permission, and you renovated the house with this amount and carried out
the work on the house in accordance with your mother’s bequest, and you renovated it with your own money, then what the heirs donated is a donation from them to the owner of the house, and what you spent on the house is the execution of your mother’s bequest, so you are a donor to your grandmother. Based on this, the priority for the produce of this house is its repair, then the execution of the bequest of the one who made the bequest, and what remains after that is to be spent on acts of charity at the discretion of the legal trustee. Among the acts of charity are her poor relatives, who are more deserving than others. If a dispute arises, it is referred to the Shari'ah court. As for the other house you mentioned that belongs to your grandmother and is in ruins, if it is an annex to the house, we have informed you of its ruling. But if it is part of the estate and not part of the endowment house, then its matter is up to the heirs. If they permit it to be made an annex to the endowment house, its ruling is the same as that of the endowment house. If they do not permit it, it is among the heirs according to the ruling of Allah. 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.