A child in need is to be given from the income of the one-third share what meets his need
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Fatwa No. ( 34 )
Upon the Committee’s study of the inquiry and the will, it was found that the inquirer is asking about a matter, namely: that his father left behind heirs, among them three sons and two daughters, all of whom are minors, and the total of their share of their inheritance from their father is one hundred and thirty-one thousand and two hundred and fifty riyals, and their entitlement was limited to
land in Riyadh, and a one-third share of his wealth was placed in a shop in Riyadh rented out for an amount of thirteen thousand riyals. Does the surplus of the rent go toward the maintenance of the minor children, male and female, who have not reached the age of maturity, or toward the minors and adults according to inheritance shares? Upon reviewing the attached copy of the will, certified by the judge of al-Arta'wiyyah and dated 26/11/1373 AH, this text was found therein: “If any of his children is in need, and they see that spending it on him for food he eats is better than the sacrifice.” This is the intended meaning.
A: After the Committee’s study of the inquiry and the aforementioned text in the copy of the will document, the following answer was written: Since the testator stated: if any of the descendants is in need, and they see that spending it on him for food he eats is better than the sacrifice; then any child in need, whether minor or adult, male or female, is to be given from the income of the one-third share what meets his need, even if that results in all the income being spent on him, prioritizing the most important needs first, and when the need ceases, the entitlement ceases, and so on. It is known that the priority is the repair of the property if it requires repair. And upon this, the signature was obtained.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Upon the Committee’s study of the inquiry and the will, it was found that the inquirer is asking about a matter, namely: that his father left behind heirs, among them three sons and two daughters, all of whom are minors, and the total of their share of their inheritance from their father is one hundred and thirty-one thousand and two hundred and fifty riyals, and their entitlement was limited to
land in Riyadh, and a one-third share of his wealth was placed in a shop in Riyadh rented out for an amount of thirteen thousand riyals. Does the surplus of the rent go toward the maintenance of the minor children, male and female, who have not reached the age of maturity, or toward the minors and adults according to inheritance shares? Upon reviewing the attached copy of the will, certified by the judge of al-Arta'wiyyah and dated 26/11/1373 AH, this text was found therein: “If any of his children is in need, and they see that spending it on him for food he eats is better than the sacrifice.” This is the intended meaning.
A: After the Committee’s study of the inquiry and the aforementioned text in the copy of the will document, the following answer was written: Since the testator stated: if any of the descendants is in need, and they see that spending it on him for food he eats is better than the sacrifice; then any child in need, whether minor or adult, male or female, is to be given from the income of the one-third share what meets his need, even if that results in all the income being spent on him, prioritizing the most important needs first, and when the need ceases, the entitlement ceases, and so on. It is known that the priority is the repair of the property if it requires repair. And upon this, the signature was obtained.
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.