The guardian is permitted to take from the produce what he needs in a customary manner in return for his work
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Fatwa number ( 12641 )
Q: My husband (may Allah have mercy on him) passed away leaving behind a will, a copy of which I have attached for you. The will contains the following text: “I bequeath to my wife Fatimah bint 'Abd Allah al-'Amir, after my death, two-thirds of all that I own in shares, assets, cash, and other companies that I own, as well as my fixed and movable properties, including real estate and land, whether located in Kuwait or outside of it. She is to spend from the money of this two-thirds on my minor children who are in need, and on my adult children, male and female, who are in need. Also, if Fatimah needs anything from the money of this two-thirds, she may eat from it according to her need. The testator, Sayyid 'Abd al-Razzaq, mentioned above, has authorized his wife Fatimah, mentioned above, to bequeath after her the righteous and virtuous among her children. We request your Excellency to kindly issue an official, detailed legal ruling that includes a clear explanation of the following:
1 - The text of the will states: “(that he spend from the money of this two-thirds on my children who are in need).” Is the will originally a bequest of charity, and in the case of need for the children and the wife, are they permitted to benefit from it partially? Do they have the right of priority in benefiting from it over the poor and needy in general, or is it a bequest restricted to the needy among the heirs, and is it not permissible to spend from it on other forms of righteousness and good, or is it a bequest of charity only, based on the fact that there is no bequest for an heir, thereby invalidating the part related to the heirs' benefit? 2 - Explain the meaning of: “(my adult children, male and female).” Does this include the second generation and beyond, i.e., the children of the children? And if it is restricted to the children and the wife, what is the ruling in Islamic law regarding the remaining assets after their deaths, and who is the beneficiary of them? 3 - Explain the meaning of “(need)” mentioned in the will. Is it immediate, i.e., at the time of the deceased's death, or future, i.e., it may arise in the future, and knowledge is with Allah? And is it permissible to cancel the will on the basis that there is no minor or needy person at the current time? Knowing that my husband loved good and was generous in helping the needy among the Muslims, and he was keen for this good to continue after his death.
Please kindly issue a ruling regarding the content of this will as soon as possible, as I will not begin executing the will until I obtain a correct and clear explanation as understood by the scholars of Islamic law. I hope for a favorable consideration of my request, asking Allah the Exalted to strengthen His religion through you and support His Shari'ah through you. He is the All-Hearing, the Responsive.
A: First: Executing what the testator mentioned regarding restricting his one-third and gathering it from all his assets. Second: Spending the produce of the one-third on forms of righteousness and good deeds; such as building and repairing mosques, supporting the poor, and assisting in jihad in the path of Allah, and the like. Third: The needy among his children, male and female, whether minors or adults, and their descendants, as they multiply, the closest then the next closest, are to be given what they need, without extravagance or waste. And whoever among them Allah has made wealthy has no right to the produce of the one-third. Fourth: As for the need that permits them to take from the produce of the one-third, it is the need that permits them to take zakah due to poverty or debt. Fifth: As for the guardian, he is permitted to take from the produce what he needs in a customary manner in return for his work, without purchasing real estate for himself or other wealth that he monopolizes to the exclusion of others; due to the statement of 'Umar (may Allah be pleased with him) in
his endowment: “There is no blame on the one who is entrusted with it to eat from it in a customary manner or to feed a friend, without accumulating wealth.” May Allah assist you in executing the will in the manner prescribed by Islamic law, and guide us and you to all good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My husband (may Allah have mercy on him) passed away leaving behind a will, a copy of which I have attached for you. The will contains the following text: “I bequeath to my wife Fatimah bint 'Abd Allah al-'Amir, after my death, two-thirds of all that I own in shares, assets, cash, and other companies that I own, as well as my fixed and movable properties, including real estate and land, whether located in Kuwait or outside of it. She is to spend from the money of this two-thirds on my minor children who are in need, and on my adult children, male and female, who are in need. Also, if Fatimah needs anything from the money of this two-thirds, she may eat from it according to her need. The testator, Sayyid 'Abd al-Razzaq, mentioned above, has authorized his wife Fatimah, mentioned above, to bequeath after her the righteous and virtuous among her children. We request your Excellency to kindly issue an official, detailed legal ruling that includes a clear explanation of the following:
1 - The text of the will states: “(that he spend from the money of this two-thirds on my children who are in need).” Is the will originally a bequest of charity, and in the case of need for the children and the wife, are they permitted to benefit from it partially? Do they have the right of priority in benefiting from it over the poor and needy in general, or is it a bequest restricted to the needy among the heirs, and is it not permissible to spend from it on other forms of righteousness and good, or is it a bequest of charity only, based on the fact that there is no bequest for an heir, thereby invalidating the part related to the heirs' benefit? 2 - Explain the meaning of: “(my adult children, male and female).” Does this include the second generation and beyond, i.e., the children of the children? And if it is restricted to the children and the wife, what is the ruling in Islamic law regarding the remaining assets after their deaths, and who is the beneficiary of them? 3 - Explain the meaning of “(need)” mentioned in the will. Is it immediate, i.e., at the time of the deceased's death, or future, i.e., it may arise in the future, and knowledge is with Allah? And is it permissible to cancel the will on the basis that there is no minor or needy person at the current time? Knowing that my husband loved good and was generous in helping the needy among the Muslims, and he was keen for this good to continue after his death.
Please kindly issue a ruling regarding the content of this will as soon as possible, as I will not begin executing the will until I obtain a correct and clear explanation as understood by the scholars of Islamic law. I hope for a favorable consideration of my request, asking Allah the Exalted to strengthen His religion through you and support His Shari'ah through you. He is the All-Hearing, the Responsive.
A: First: Executing what the testator mentioned regarding restricting his one-third and gathering it from all his assets. Second: Spending the produce of the one-third on forms of righteousness and good deeds; such as building and repairing mosques, supporting the poor, and assisting in jihad in the path of Allah, and the like. Third: The needy among his children, male and female, whether minors or adults, and their descendants, as they multiply, the closest then the next closest, are to be given what they need, without extravagance or waste. And whoever among them Allah has made wealthy has no right to the produce of the one-third. Fourth: As for the need that permits them to take from the produce of the one-third, it is the need that permits them to take zakah due to poverty or debt. Fifth: As for the guardian, he is permitted to take from the produce what he needs in a customary manner in return for his work, without purchasing real estate for himself or other wealth that he monopolizes to the exclusion of others; due to the statement of 'Umar (may Allah be pleased with him) in
his endowment: “There is no blame on the one who is entrusted with it to eat from it in a customary manner or to feed a friend, without accumulating wealth.” May Allah assist you in executing the will in the manner prescribed by Islamic law, and guide us and you to all good. 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.