The Ruling on the Remaining Money from the One-Third Share and the Ways of Spending It
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Fatwa No. ( 8032 )
Q: The father’s one-third share is a large sum of money. We bought a building with this amount, and we have a remaining sum of money in our possession that exceeds the price of the building. It is this remaining amount that we are seeking your esteemed ruling on. Should we put it into building a mosque, or, as some scholars have mentioned, add it to the building so that its rental income, if the heirs deem it best, is placed in acts of righteousness? This is because the bequest did not mention anything other than five sacrificial animals and the repair of the one-third share? We ask you to kindly provide the ruling.
A: The ruling on the money remaining from the one-third share after purchasing the aforementioned building is the same as the ruling on the money used to purchase the building. It is to be placed in real estate or added to
an additional construction in the building if it is suitable for addition, and this is to be done under the supervision of the court, as is customary. As for the rental income from all of it, its ruling was previously explained in the previous fatwa (7286), and it is clear from that that it does not belong to the heirs, but is to be spent on acts of righteousness. However, if the heirs or some of them are poor, they are given from the rental income due to their poverty. Likewise, the rest of the relatives, even if they are not heirs, are given from the rental income if they are poor. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The father’s one-third share is a large sum of money. We bought a building with this amount, and we have a remaining sum of money in our possession that exceeds the price of the building. It is this remaining amount that we are seeking your esteemed ruling on. Should we put it into building a mosque, or, as some scholars have mentioned, add it to the building so that its rental income, if the heirs deem it best, is placed in acts of righteousness? This is because the bequest did not mention anything other than five sacrificial animals and the repair of the one-third share? We ask you to kindly provide the ruling.
A: The ruling on the money remaining from the one-third share after purchasing the aforementioned building is the same as the ruling on the money used to purchase the building. It is to be placed in real estate or added to
an additional construction in the building if it is suitable for addition, and this is to be done under the supervision of the court, as is customary. As for the rental income from all of it, its ruling was previously explained in the previous fatwa (7286), and it is clear from that that it does not belong to the heirs, but is to be spent on acts of righteousness. However, if the heirs or some of them are poor, they are given from the rental income due to their poverty. Likewise, the rest of the relatives, even if they are not heirs, are given from the rental income if they are poor. 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.