Dividing the rental income and whether it is given to those who are entitled and those who are not
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Fatwa number ( 16844 )
Q: Our father, Saud Muhammad ibn Jurays (may Allah have mercy on him), wrote a document of agency and bequest. In it, he bequeathed one-third of his wealth for his preparation for burial and shrouding, in the manner of his peers. The remainder of the one-third is to be spent on avenues of good, at the discretion and knowledge of the executor, in what benefits the weak and the poor. He has passed away (may Allah have mercy on him), and we determined the one-third to be a plotin Riyadh,which he had requested be the one-third of his wealth, with its proceeds to be executed according to the bequest. Since that was the case, we made it the one-third of the wealth our father left behind, and it is approximately equal. No one among the heirs objected to that. Now, some of the heirs have requested a share of the proceeds on the grounds that they are in need. 1 - Is it permissible for us to divide the entire proceeds or a part of them without it being contrary to the bequest? 2 - Do we give to those who are eligible and those who are not? Since some own a plot, some own nothing but are tenants and have no salary, and some have a salary and owned housing. 3 - As for the executor, he has appointed a teacher to memorize the Book of Allah in one of the mosques of al-Shifa, and spends from these proceeds an amount estimated at more than one-third of the plot's proceeds, while the rest is spent on avenues of good according to the bequest.Riyadhis the one-third of his wealth, with its proceeds to be executed according to the bequest. Since that was the case, we made it the one-third of the wealth our father left behind, and it is approximately equal. No one among the heirs objected to that. Now, some of the heirs have requested a share of the proceeds on the grounds that they are in need. 1 - Is it permissible for us to divide the entire proceeds or a part of them without it being contrary to the bequest? 2 - Do we give to those who are eligible and those who are not? Since some own a plot, some own nothing but are tenants and have no salary, and some have a salary and owned housing. 3 - As for the executor, he has appointed a teacher to memorize the Book of Allah in one of the mosques of al-Shifa, and spends from these proceeds an amount estimated at more than one-third of the plot's proceeds, while the rest is spent on avenues of good according to the bequest.
A: What remains of the rental income after the funeral expenses and shrouding is to be spent in the causes of
righteousness of its various kinds according to the bequest. Any heir who is poor is given from it due to his poverty, and the wealthy are not entitled to anything from the rental income. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Our father, Saud Muhammad ibn Jurays (may Allah have mercy on him), wrote a document of agency and bequest. In it, he bequeathed one-third of his wealth for his preparation for burial and shrouding, in the manner of his peers. The remainder of the one-third is to be spent on avenues of good, at the discretion and knowledge of the executor, in what benefits the weak and the poor. He has passed away (may Allah have mercy on him), and we determined the one-third to be a plotin Riyadh,which he had requested be the one-third of his wealth, with its proceeds to be executed according to the bequest. Since that was the case, we made it the one-third of the wealth our father left behind, and it is approximately equal. No one among the heirs objected to that. Now, some of the heirs have requested a share of the proceeds on the grounds that they are in need. 1 - Is it permissible for us to divide the entire proceeds or a part of them without it being contrary to the bequest? 2 - Do we give to those who are eligible and those who are not? Since some own a plot, some own nothing but are tenants and have no salary, and some have a salary and owned housing. 3 - As for the executor, he has appointed a teacher to memorize the Book of Allah in one of the mosques of al-Shifa, and spends from these proceeds an amount estimated at more than one-third of the plot's proceeds, while the rest is spent on avenues of good according to the bequest.Riyadhis the one-third of his wealth, with its proceeds to be executed according to the bequest. Since that was the case, we made it the one-third of the wealth our father left behind, and it is approximately equal. No one among the heirs objected to that. Now, some of the heirs have requested a share of the proceeds on the grounds that they are in need. 1 - Is it permissible for us to divide the entire proceeds or a part of them without it being contrary to the bequest? 2 - Do we give to those who are eligible and those who are not? Since some own a plot, some own nothing but are tenants and have no salary, and some have a salary and owned housing. 3 - As for the executor, he has appointed a teacher to memorize the Book of Allah in one of the mosques of al-Shifa, and spends from these proceeds an amount estimated at more than one-third of the plot's proceeds, while the rest is spent on avenues of good according to the bequest.
A: What remains of the rental income after the funeral expenses and shrouding is to be spent in the causes of
righteousness of its various kinds according to the bequest. Any heir who is poor is given from it due to his poverty, and the wealthy are not entitled to anything from the rental income. 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.