The Guardian’s Disposition of the Remaining Income from the One-Third Bequest and the Endowment
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Fatwa No. ( 996 )
Upon reviewing what was submitted to the Committee, we found that it includes a query and copies of an endowment document and a will. The Committee will first state the query, then explain the intent of the two document copies, and then answer the questioner’s questions. As for the query, its text is: My father passed away, may Allah have mercy on him, leaving behind four children: a minor son aged nine, four daughters, and two wives. He also left a will, a copy of which is attached, and he purchased a house and endowed it, dedicating it for the sake of Allah. He allocated from its income two sacrificial animals, one for his parents and the other for his mother’s parents, as stated at the end of the attached copy of the document for the aforementioned house. Therefore, I request a ruling on the following:
Q1: I have a surplus from the income of the endowed house, which is allocated for two sacrificial animals for the deceased’s parents, i.e., my grandparents. The house itself does not need repair, nor do the mosque in al-‘Urayja or the imam’s house, as the state has taken over their maintenance after they were built. What should I do with this surplus? Should I distribute it among the heirs or not? How is it distributed among them? Do the wives have a share in it? Q2: Is it permissible for one of the heirs to reside in this endowed house without a pressing need? Is it permissible for the minor son among the heirs to reside in this endowed house, as he has no income other than his share of the inheritance, and he wishes to live there with his mother? However, some of the heirs object to this. Are they obligated by Sharia to allow him to reside in that house without their consent? Q3: My late father bequeathed one-third of his wealth. What should I do with the surplus from the income of the one-third? Should I divide it equally among the heirs, or should the male receive the share of two females? Do the wives have a share in the surplus income of the one-third or not? The endowed house, the mosque in al-‘Urayja, and the imam’s house do not need repair or anything else. Q4: Are the heirs obligated to house the minor heir in one of the houses of the one-third without rent, or is it only with their consent?
Q5: Should the minor son’s share of the inheritance be delivered to him, or what should I do with it? Am I obligated to issue a document of guardianship over him? Should I spend from his share of the inheritance on him or not? Is it permissible for me to appoint a guardian over him other than myself, someone in whom trust is placed? The query ends here. As for the copy of the endowment document, it contains the following text: He—namely, Hamd ibn ‘Abd Allah ibn Sa‘id—endowed and dedicated the aforementioned house for the sake of Allah. He allocated from its income two sacrificial animals: one for his father, ‘Abd Allah ibn Sulayman ibn Sa‘id, and his parents, and the other for his mother, Sarah bint Hamd al-Shaybani, and her parents. Whatever remains after the maintenance of the endowment, if it needs repair, is to be spent on those in need among his descendants, males and females equally, and after them, their descendants as long as they continue to be born and multiply. If they become self-sufficient, it is to be spent on repairing the house he endowed for the imam of the mosque in al-‘Urayja. If anything remains, it is to be spent on the expenses of the mosque in al-‘Urayja. This document was drafted on 4/3/1390 AH, and this endowment was certified by Shaykh Muhammad ibn Mhayiz . As for the will, it contains the following text: He—namely, Hamd ibn ‘Abd Allah ibn Sa‘id —bequeathed one-third of his wealth upon his death to be used to purchase a house that will be an endowment, with a sacrificial animal for himself and his sister, Nura bint ‘Abd Allah ibn Sa‘id. Whatever remains of the income is to be spent
on his descendants if they are in need, or on those among them who are in need, and after them, their descendants as long as they continue to be born and multiply. If there is no one among them in need, it is to be used to maintain the endowed house, and whatever remains is to be spent on the repairs of the mosque that Hamd built in al-‘Urayja . The executor of this will is his son, ‘Abd Allah . It is dated 4/3/1390 AH, and was written by Shaykh Muhammad ibn Mhayiz .
After the Committee studied the query and the copies of the two documents, it wrote the following answer:
First : The priority in the income of these two houses is their repair. Second : The sacrificial animals mentioned. Third : A sum from the income is to be set aside permanently as a reserve to prevent sudden damage. If damage occurs, the house bequeathed or the endowed house, the mosque, and the imam’s house are to be repaired from it. Fourth : Whatever remains is to be spent on those in need among his descendants, males and females equally, and after them, their descendants as long as they continue to be born and multiply, as stated in the will and the document. Fifth : If the descendants become self-sufficient, the remaining income of the endowment is to be spent on repairing the house he endowed for the imam of the mosque in al-‘Urayja. If anything remains, it is to be spent on the interests of the mosque in al-‘Urayja. And the remaining income of the house
bequeathed is to be used to maintain the endowed house, and whatever remains is to be spent on the repairs of the mosque in al-‘Urayja that Hamd built in al-‘Urayja. Sixth : After the sacrificial animals are performed and the amount mentioned in the third point is set aside, and there is no need for the endowed house or the bequeathed house to be maintained at the present time, nor for the mosque in al-‘Urayja and the imam’s house, and the descendants are self-sufficient, then whatever remains is to be spent on the poor among his relatives, as it is charity and maintaining family ties. If there is no one in need among his relatives, it is to be spent on other avenues of righteousness and on the poor among his two wives, as charity is given to them from the income, and they are among the poor non-relatives. Seventh : The minor son, if he is wealthy, is not allowed to be given from the income of the endowment or the bequeathed property. If he is poor, his poverty is to be alleviated. Eighth : The minor son’s share of his inheritance from his father is to be in the hands of a legal guardian through his father’s line, if a guardian has been appointed for him. If no guardian has been appointed, the appointment of the guardian is to be referred to the judicial authority. The manner in which this money is to be handled, the amount to be spent on this minor, and the fee the guardian is entitled to for his guardianship are also to be determined. If anything is unclear to the guardian, he is to refer to the judicial authority.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Upon reviewing what was submitted to the Committee, we found that it includes a query and copies of an endowment document and a will. The Committee will first state the query, then explain the intent of the two document copies, and then answer the questioner’s questions. As for the query, its text is: My father passed away, may Allah have mercy on him, leaving behind four children: a minor son aged nine, four daughters, and two wives. He also left a will, a copy of which is attached, and he purchased a house and endowed it, dedicating it for the sake of Allah. He allocated from its income two sacrificial animals, one for his parents and the other for his mother’s parents, as stated at the end of the attached copy of the document for the aforementioned house. Therefore, I request a ruling on the following:
Q1: I have a surplus from the income of the endowed house, which is allocated for two sacrificial animals for the deceased’s parents, i.e., my grandparents. The house itself does not need repair, nor do the mosque in al-‘Urayja or the imam’s house, as the state has taken over their maintenance after they were built. What should I do with this surplus? Should I distribute it among the heirs or not? How is it distributed among them? Do the wives have a share in it? Q2: Is it permissible for one of the heirs to reside in this endowed house without a pressing need? Is it permissible for the minor son among the heirs to reside in this endowed house, as he has no income other than his share of the inheritance, and he wishes to live there with his mother? However, some of the heirs object to this. Are they obligated by Sharia to allow him to reside in that house without their consent? Q3: My late father bequeathed one-third of his wealth. What should I do with the surplus from the income of the one-third? Should I divide it equally among the heirs, or should the male receive the share of two females? Do the wives have a share in the surplus income of the one-third or not? The endowed house, the mosque in al-‘Urayja, and the imam’s house do not need repair or anything else. Q4: Are the heirs obligated to house the minor heir in one of the houses of the one-third without rent, or is it only with their consent?
Q5: Should the minor son’s share of the inheritance be delivered to him, or what should I do with it? Am I obligated to issue a document of guardianship over him? Should I spend from his share of the inheritance on him or not? Is it permissible for me to appoint a guardian over him other than myself, someone in whom trust is placed? The query ends here. As for the copy of the endowment document, it contains the following text: He—namely, Hamd ibn ‘Abd Allah ibn Sa‘id—endowed and dedicated the aforementioned house for the sake of Allah. He allocated from its income two sacrificial animals: one for his father, ‘Abd Allah ibn Sulayman ibn Sa‘id, and his parents, and the other for his mother, Sarah bint Hamd al-Shaybani, and her parents. Whatever remains after the maintenance of the endowment, if it needs repair, is to be spent on those in need among his descendants, males and females equally, and after them, their descendants as long as they continue to be born and multiply. If they become self-sufficient, it is to be spent on repairing the house he endowed for the imam of the mosque in al-‘Urayja. If anything remains, it is to be spent on the expenses of the mosque in al-‘Urayja. This document was drafted on 4/3/1390 AH, and this endowment was certified by Shaykh Muhammad ibn Mhayiz . As for the will, it contains the following text: He—namely, Hamd ibn ‘Abd Allah ibn Sa‘id —bequeathed one-third of his wealth upon his death to be used to purchase a house that will be an endowment, with a sacrificial animal for himself and his sister, Nura bint ‘Abd Allah ibn Sa‘id. Whatever remains of the income is to be spent
on his descendants if they are in need, or on those among them who are in need, and after them, their descendants as long as they continue to be born and multiply. If there is no one among them in need, it is to be used to maintain the endowed house, and whatever remains is to be spent on the repairs of the mosque that Hamd built in al-‘Urayja . The executor of this will is his son, ‘Abd Allah . It is dated 4/3/1390 AH, and was written by Shaykh Muhammad ibn Mhayiz .
After the Committee studied the query and the copies of the two documents, it wrote the following answer:
First : The priority in the income of these two houses is their repair. Second : The sacrificial animals mentioned. Third : A sum from the income is to be set aside permanently as a reserve to prevent sudden damage. If damage occurs, the house bequeathed or the endowed house, the mosque, and the imam’s house are to be repaired from it. Fourth : Whatever remains is to be spent on those in need among his descendants, males and females equally, and after them, their descendants as long as they continue to be born and multiply, as stated in the will and the document. Fifth : If the descendants become self-sufficient, the remaining income of the endowment is to be spent on repairing the house he endowed for the imam of the mosque in al-‘Urayja. If anything remains, it is to be spent on the interests of the mosque in al-‘Urayja. And the remaining income of the house
bequeathed is to be used to maintain the endowed house, and whatever remains is to be spent on the repairs of the mosque in al-‘Urayja that Hamd built in al-‘Urayja. Sixth : After the sacrificial animals are performed and the amount mentioned in the third point is set aside, and there is no need for the endowed house or the bequeathed house to be maintained at the present time, nor for the mosque in al-‘Urayja and the imam’s house, and the descendants are self-sufficient, then whatever remains is to be spent on the poor among his relatives, as it is charity and maintaining family ties. If there is no one in need among his relatives, it is to be spent on other avenues of righteousness and on the poor among his two wives, as charity is given to them from the income, and they are among the poor non-relatives. Seventh : The minor son, if he is wealthy, is not allowed to be given from the income of the endowment or the bequeathed property. If he is poor, his poverty is to be alleviated. Eighth : The minor son’s share of his inheritance from his father is to be in the hands of a legal guardian through his father’s line, if a guardian has been appointed for him. If no guardian has been appointed, the appointment of the guardian is to be referred to the judicial authority. The manner in which this money is to be handled, the amount to be spent on this minor, and the fee the guardian is entitled to for his guardianship are also to be determined. If anything is unclear to the guardian, he is to refer to the judicial authority.
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.