The Surplus from the Yield of the One-Third Share After Its Repair and the Execution of the Testator's Bequest
Machine translationRead the Arabic original
Fatwa No. ( 5074 )
Q: My father, Sa'd ibn 'Abd al-Aziz al-Da'il, passed away (may Allah have mercy on him) and left behind ten children: six sons and four daughters from three wives. He bequeathed part of his wealth, which is a shop in the city of Riyadh in Hilla al-Qasim in the main market. This shop constitutes one-third of his wealth, and the yield of this shop exceeds one-third of his wealth. Its rental income exceeds eighty thousand riyals (80,000). The bequest consists only of a sacrificial animal and a Hajj. We are in dire need of the surplus after the bequest for the Hajj and the sacrifice. We are not married, we have nothing, and we have debts. The income we received through inheritance does not meet our essential needs. We have issued a document proving our dire need.
A: After the Committee studied the question and reviewed the bequest document and the document proving the need of Sa'd ibn Da'il's children, it issued a ruling that the surplus from the yield of the one-third share, after its repair and the execution of the testator's bequest, is to be spent on his sons, given that their need has been established according to the Shari'ah. Likewise, his daughters are to be given from the yield of the one-third share according to their need, if it is established as in the case of the sons. Whoever among them is self-sufficient has no right to it. If they are all self-sufficient, the yield is to be spent on acts of charity at the discretion of the two trustees.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: My father, Sa'd ibn 'Abd al-Aziz al-Da'il, passed away (may Allah have mercy on him) and left behind ten children: six sons and four daughters from three wives. He bequeathed part of his wealth, which is a shop in the city of Riyadh in Hilla al-Qasim in the main market. This shop constitutes one-third of his wealth, and the yield of this shop exceeds one-third of his wealth. Its rental income exceeds eighty thousand riyals (80,000). The bequest consists only of a sacrificial animal and a Hajj. We are in dire need of the surplus after the bequest for the Hajj and the sacrifice. We are not married, we have nothing, and we have debts. The income we received through inheritance does not meet our essential needs. We have issued a document proving our dire need.
A: After the Committee studied the question and reviewed the bequest document and the document proving the need of Sa'd ibn Da'il's children, it issued a ruling that the surplus from the yield of the one-third share, after its repair and the execution of the testator's bequest, is to be spent on his sons, given that their need has been established according to the Shari'ah. Likewise, his daughters are to be given from the yield of the one-third share according to their need, if it is established as in the case of the sons. Whoever among them is self-sufficient has no right to it. If they are all self-sufficient, the yield is to be spent on acts of charity at the discretion of the two trustees.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.