Paying the son's wage from the one-third bequeathed
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Fatwa No. ( 15354 )
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from the questioner Muhammad ibn Nasser ibn 'Abd al-Karim via the honorable judge of the Hufar al-Batin court, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number 1426 and date 17 \ 5 \ 1412 AH. The questioner asked a question included in the judge's letter, the text of which is: You will find attached a copy of the will of Nasser ibn Muhammad ibn 'Abd al-Karim (may Allah have mercy on him), where his son Muhammad consulted us regarding the validity of what his father stated, namely that half of the one-third is for him and the other half is to be used for a sacrifice for him and his parents. Is this valid, especially with the heirs' agreement? He also stated that the entire one-third has become a small amount that cannot be developed and placed in real estate to spend its proceeds on executing the will. He asks if he can place it in a mosque, knowing that questions about such issues are frequent, especially since wills are often neglected and lost, particularly after the death of the beneficiary. We hope for your Eminence to issue a ruling on this matter.
As the Committee also reviewed the bequest, the text of which reads: I, Nasir ibn Muhammad ibn Abd al-Karim, being of sound mind and body at the time of this declaration, confirm that I have gifted my son Muhammad half of one-third of my wealth, and the other half is to be used for him and his parents, Muhammad and Mawdi, for a sacrificial animal. I have appointed my aforementioned son Muhammad to manage the aforementioned sacrifice, to spend it, and whatever remains of the aforementioned sacrifice is permissible for him to spend as he spends his own lawful property. I do not permit any person among the heirs or others to object to him regarding the entire one-third or the sacrifice. Abd al-Aziz ibn Sulayman ibn Nuha and Muhammad al-Abd Allah al-Abd al-Karim testified to this, and Hamad ibn Nasir ibn Daway testified to it and wrote it in his presence. The reason for Nasir’s gift of half of the one-third to his son is that Nasir states that his son Muhammad wanted to leave him to earn a living, and Nasir preferred that the aforementioned son remain with him and take charge of his affairs for Nasir’s rest, and he gifts him half of the one-third in exchange for his effort and earning. Thus is the description of Nasir’s gift to his son. The aforementioned witnesses testified to what is mentioned above, and may Allah send blessings upon Muhammad.
A: First: Nasser's gift to his son Muhammad of half the one-third, which is equivalent to one-sixth, in exchange for taking charge of his father's works during his lifetime, is a matter of wages. There is no harm in this, especially since the heirs agreed to it, and there is no dispute among them.
Second: The endowment remains, which is equivalent to one-sixth of the estate, for what it was designated for, and the agent should try to develop it, even if it is small. If it is not sufficient for a sacrifice every year, he should sacrifice one year after another. As for transferring it to a mosque, this is contrary to what the endower specified. And success is from Allah, and may Allah send blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone, and may peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence the General President from the questioner Muhammad ibn Nasser ibn 'Abd al-Karim via the honorable judge of the Hufar al-Batin court, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number 1426 and date 17 \ 5 \ 1412 AH. The questioner asked a question included in the judge's letter, the text of which is: You will find attached a copy of the will of Nasser ibn Muhammad ibn 'Abd al-Karim (may Allah have mercy on him), where his son Muhammad consulted us regarding the validity of what his father stated, namely that half of the one-third is for him and the other half is to be used for a sacrifice for him and his parents. Is this valid, especially with the heirs' agreement? He also stated that the entire one-third has become a small amount that cannot be developed and placed in real estate to spend its proceeds on executing the will. He asks if he can place it in a mosque, knowing that questions about such issues are frequent, especially since wills are often neglected and lost, particularly after the death of the beneficiary. We hope for your Eminence to issue a ruling on this matter.
As the Committee also reviewed the bequest, the text of which reads: I, Nasir ibn Muhammad ibn Abd al-Karim, being of sound mind and body at the time of this declaration, confirm that I have gifted my son Muhammad half of one-third of my wealth, and the other half is to be used for him and his parents, Muhammad and Mawdi, for a sacrificial animal. I have appointed my aforementioned son Muhammad to manage the aforementioned sacrifice, to spend it, and whatever remains of the aforementioned sacrifice is permissible for him to spend as he spends his own lawful property. I do not permit any person among the heirs or others to object to him regarding the entire one-third or the sacrifice. Abd al-Aziz ibn Sulayman ibn Nuha and Muhammad al-Abd Allah al-Abd al-Karim testified to this, and Hamad ibn Nasir ibn Daway testified to it and wrote it in his presence. The reason for Nasir’s gift of half of the one-third to his son is that Nasir states that his son Muhammad wanted to leave him to earn a living, and Nasir preferred that the aforementioned son remain with him and take charge of his affairs for Nasir’s rest, and he gifts him half of the one-third in exchange for his effort and earning. Thus is the description of Nasir’s gift to his son. The aforementioned witnesses testified to what is mentioned above, and may Allah send blessings upon Muhammad.
A: First: Nasser's gift to his son Muhammad of half the one-third, which is equivalent to one-sixth, in exchange for taking charge of his father's works during his lifetime, is a matter of wages. There is no harm in this, especially since the heirs agreed to it, and there is no dispute among them.
Second: The endowment remains, which is equivalent to one-sixth of the estate, for what it was designated for, and the agent should try to develop it, even if it is small. If it is not sufficient for a sacrifice every year, he should sacrifice one year after another. As for transferring it to a mosque, this is contrary to what the endower specified. And success is from Allah, and may Allah send 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.