If one bequeaths the slaughter of some livestock and one of the heirs volunteers to slaughter it on his behalf, that does not suffice for executing what he bequeathed from his wealth
Machine translationRead the Arabic original
Fatwa No. ( 8903 )
Q: Before my paternal grandfather passed away, he bequeathed that four head of cattle and ten head of sheep be slaughtered from his wealth after his death, but nothing has been slaughtered from his wealth up to now. Rather, my brother and I slaughtered two head of cattle and five head of sheep and dedicated their reward to him. He left behind his children and a wife, and among his children are those who have not reached the age of maturity and puberty. I have been appointed by the Sharia court in our country as their guardian. Is it permissible to carry out his bequest of slaughtering the four head of cattle and ten head of sheep from his wealth
of the minors—i.e., his heirs? And if it is permissible to execute the bequest, is it permissible to sell them—i.e., the sheep and cows—and divide their value in cash among the weak and the poor, or spend it in any of the avenues of charity, or give them alive to the weak and the poor? And does what my brother and I slaughtered count toward the bequest he made, or does it not count? Please inform us, may Allah reward you.
A: Executing his aforementioned bequest from his wealth, after settling any debt if he was indebted, and before dividing his estate, regarding the slaughter of the aforementioned cows and sheep, is permissible within the limit of one-third of his wealth on the day of his death or less. What you slaughtered on his behalf as a voluntary act does not suffice for executing this aforementioned bequest. We ask Allah to reward you and to convey the reward of this deed to him. It is also not permissible to pay out the value of the bequeathed cows and sheep in cash, nor to give them alive to the poor, because the bequeather may have had an intention regarding distributing them as meat. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Before my paternal grandfather passed away, he bequeathed that four head of cattle and ten head of sheep be slaughtered from his wealth after his death, but nothing has been slaughtered from his wealth up to now. Rather, my brother and I slaughtered two head of cattle and five head of sheep and dedicated their reward to him. He left behind his children and a wife, and among his children are those who have not reached the age of maturity and puberty. I have been appointed by the Sharia court in our country as their guardian. Is it permissible to carry out his bequest of slaughtering the four head of cattle and ten head of sheep from his wealth
of the minors—i.e., his heirs? And if it is permissible to execute the bequest, is it permissible to sell them—i.e., the sheep and cows—and divide their value in cash among the weak and the poor, or spend it in any of the avenues of charity, or give them alive to the weak and the poor? And does what my brother and I slaughtered count toward the bequest he made, or does it not count? Please inform us, may Allah reward you.
A: Executing his aforementioned bequest from his wealth, after settling any debt if he was indebted, and before dividing his estate, regarding the slaughter of the aforementioned cows and sheep, is permissible within the limit of one-third of his wealth on the day of his death or less. What you slaughtered on his behalf as a voluntary act does not suffice for executing this aforementioned bequest. We ask Allah to reward you and to convey the reward of this deed to him. It is also not permissible to pay out the value of the bequeathed cows and sheep in cash, nor to give them alive to the poor, because the bequeather may have had an intention regarding distributing them as meat. 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.