The executor is bound by what is stated in the will
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Fatwa number ( 3761 )
Q: The deceased Abdullah ibn Abd al-Rahman al-Duwaish bequeathed one-third of his estate, and if that one-third has become a large amount, may the principal be spent on acts of righteousness? I have reviewed the will of the aforementioned Abdullah, issued by the Zulfi Court, which states: First, the settlement of all debts, both large and small. From what remains of his estate after the debts are paid, he bequeathed approximately one-third to Allah the Exalted in prescribed channels of good. This is to be held as a waqf (endowment) in real estate, from whose yield one sacrificial animal is to be provided for him and his parents. If the yield exceeds the cost of the sacrifice, the surplus is to be given in charity on the noble days, such as the month of Ramadan. If the one-third requires repair, its repair takes precedence over everything else.
A: You must adhere to what is stated in the aforementioned will regarding the preservation of the principal and the expenditure of the yield. First, the yield is to be spent on the repairs the real estate requires. Then, the specific item designated in the will, which is the sacrificial animal, is to be provided. Any surplus is to be spent on acts of righteousness, such as charity for the poor and needy in Ramadan and other times, the construction of mosques or participation in their construction, and the like. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The deceased Abdullah ibn Abd al-Rahman al-Duwaish bequeathed one-third of his estate, and if that one-third has become a large amount, may the principal be spent on acts of righteousness? I have reviewed the will of the aforementioned Abdullah, issued by the Zulfi Court, which states: First, the settlement of all debts, both large and small. From what remains of his estate after the debts are paid, he bequeathed approximately one-third to Allah the Exalted in prescribed channels of good. This is to be held as a waqf (endowment) in real estate, from whose yield one sacrificial animal is to be provided for him and his parents. If the yield exceeds the cost of the sacrifice, the surplus is to be given in charity on the noble days, such as the month of Ramadan. If the one-third requires repair, its repair takes precedence over everything else.
A: You must adhere to what is stated in the aforementioned will regarding the preservation of the principal and the expenditure of the yield. First, the yield is to be spent on the repairs the real estate requires. Then, the specific item designated in the will, which is the sacrificial animal, is to be provided. Any surplus is to be spent on acts of righteousness, such as charity for the poor and needy in Ramadan and other times, the construction of mosques or participation in their construction, and the like. 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.