If one bequeaths a sum to purchase real estate and the executor is unable to do so
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The third question of Fatwa No. ( 9402 )
Q3: A man bequeathed a sum of money to his sister and her daughters before his death,
and stipulated that this sum be used to purchase a property or land that would generate profit for his sister and her daughters. Twelve years passed without them being able to purchase a property or anything else. The sister is in need of money, and the executor of the bequest fears giving her the amount. When the time dragged on and they were unable to carry out the stipulation, they asked the bequeather's children, who permitted giving the money to their aunt. Is this in accordance with the Shari'ah, or is it forbidden?
A3: If the situation is as described, regarding the need of the sister and her daughters and the inability to purchase the property during that period, it is permissible to give them the amount to meet their needs, in order to fulfill the bequeather's intention of benefiting his sister and her daughters. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: A man bequeathed a sum of money to his sister and her daughters before his death,
and stipulated that this sum be used to purchase a property or land that would generate profit for his sister and her daughters. Twelve years passed without them being able to purchase a property or anything else. The sister is in need of money, and the executor of the bequest fears giving her the amount. When the time dragged on and they were unable to carry out the stipulation, they asked the bequeather's children, who permitted giving the money to their aunt. Is this in accordance with the Shari'ah, or is it forbidden?
A3: If the situation is as described, regarding the need of the sister and her daughters and the inability to purchase the property during that period, it is permissible to give them the amount to meet their needs, in order to fulfill the bequeather's intention of benefiting his sister and her daughters. 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.