Disposing of the remaining rental income in acts of charity after extracting the specified portion from the one-third
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Fatwa No. ( 7286 )
Q: My father (may Allah have mercy on him) bequeathed one-third of his wealth for five sacrificial animals, and the remainder of the one-third is to be used to repair the property. We purchased from the one-third a building that yields good rental income, which exceeds the cost of the sacrificial animals. We wanted to do charitable works for him with the remainder of the one-third, such as building a mosque or similar. We asked a scholar about this, and he said: Act according to the bequest; buy a building, and if the heirs deem its rental income to be in the best interest, put it into good deeds; otherwise, distribute it among the heirs according to inheritance. It is known that the heirs agree that the remaining amount be placed in a charitable work. I have seen a copy of the bequest mentioned in the question, dated 7/5/1384 AH, and certified by the Honorable Head of the Al-Majma'ah Court, Shaykh 'Ali al-Rumi, on 16/1/1387 AH. The text of its intended meaning is: (He bequeathed one-third of his wealth, including therein five sacrificial animals permanently: one for him, one for his father 'Abd al-'Aziz, one for his mother Hissa bint 'Abd Allah al-Fakhri, one for his uncle Muhammad ibn 'Abd Allah al-Tuwijiri, and one for his wife Hayya bint 'Abd al-Muhsin
al-Rabi'ah, and whatever remains of the rental income of the aforementioned one-third after the aforementioned sacrificial animals is to be used to repair the one-third).
A: After extracting the specified portion from the one-third, the remaining rental income is to be disposed of in acts of charity; such as giving to the poor, building mosques or participating in their construction, and the like, but after repairing what the endowment requires. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father (may Allah have mercy on him) bequeathed one-third of his wealth for five sacrificial animals, and the remainder of the one-third is to be used to repair the property. We purchased from the one-third a building that yields good rental income, which exceeds the cost of the sacrificial animals. We wanted to do charitable works for him with the remainder of the one-third, such as building a mosque or similar. We asked a scholar about this, and he said: Act according to the bequest; buy a building, and if the heirs deem its rental income to be in the best interest, put it into good deeds; otherwise, distribute it among the heirs according to inheritance. It is known that the heirs agree that the remaining amount be placed in a charitable work. I have seen a copy of the bequest mentioned in the question, dated 7/5/1384 AH, and certified by the Honorable Head of the Al-Majma'ah Court, Shaykh 'Ali al-Rumi, on 16/1/1387 AH. The text of its intended meaning is: (He bequeathed one-third of his wealth, including therein five sacrificial animals permanently: one for him, one for his father 'Abd al-'Aziz, one for his mother Hissa bint 'Abd Allah al-Fakhri, one for his uncle Muhammad ibn 'Abd Allah al-Tuwijiri, and one for his wife Hayya bint 'Abd al-Muhsin
al-Rabi'ah, and whatever remains of the rental income of the aforementioned one-third after the aforementioned sacrificial animals is to be used to repair the one-third).
A: After extracting the specified portion from the one-third, the remaining rental income is to be disposed of in acts of charity; such as giving to the poor, building mosques or participating in their construction, and the like, but after repairing what the endowment requires. 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.