Executing the bequest after death according to what she bequeathed, provided it does not exceed one-third
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Fatwa No. ( 1544 )
Q: My father distributed his property among my sisters in 1373 AH, and each one’s share became 7 qirats. One of them vowed her aforementioned share to my children, but she also made a bequest, which was: two cows, the meat of which is to be spent on the poor and needy after her death. She repeated this vow and this bequest many times. Then, in 1394 AH, she passed away. I ask you to inform me about the vow and the permissibility of the bequest.
A: As for her vow to give her share of her inheritance from her father to your children, you can establish this through the judge of the country where the property is located. As for her bequest to slaughter two cows, the meat of which is to be spent on the poor and needy after her death—since she has passed away, her bequest must be executed
in accordance with what she bequeathed, as mentioned in the question, provided that it is established by valid legal evidence and the value of the two cows does not exceed one-third of her wealth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father distributed his property among my sisters in 1373 AH, and each one’s share became 7 qirats. One of them vowed her aforementioned share to my children, but she also made a bequest, which was: two cows, the meat of which is to be spent on the poor and needy after her death. She repeated this vow and this bequest many times. Then, in 1394 AH, she passed away. I ask you to inform me about the vow and the permissibility of the bequest.
A: As for her vow to give her share of her inheritance from her father to your children, you can establish this through the judge of the country where the property is located. As for her bequest to slaughter two cows, the meat of which is to be spent on the poor and needy after her death—since she has passed away, her bequest must be executed
in accordance with what she bequeathed, as mentioned in the question, provided that it is established by valid legal evidence and the value of the two cows does not exceed one-third of her wealth. 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.
