Spending the remainder of the third's income in acts of righteousness and good deeds
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Fatwa ( 12784 )
Q: Since our deceased father (may Allah have mercy on him) divided his estate in his attached will into two-thirds for the heirs and one-third for himself (may Allah have mercy on him) after his death, and since his share (may Allah have mercy on him) consists of a commercial establishment, shares in the electricity company, real estate, and liquid cash, as per the attached statement, and he (may Allah have mercy on him) bequeathed that sacrifices be offered from his third, as he ordered that charities be distributed and specified the method of distribution and who would carry it out, and since what he (may Allah have mercy on him) bequeathed does not exceed in total the amount of
four hundred thousand riyals (400,000), and the annual return on the third belonging to him (may Allah have mercy on him) is approximately four million (4,000,000), and he mentioned in his will (may Allah have mercy on him) that a council be formed from his adult sons along with any relatives and friends they see fit, to consult on disposing of the available liquid funds from the rents of the real estate and the shares belonging to the heirs, and the real estate and investments belonging to his third, to develop them through transactions that are free from any doubt regarding the forbidden usury (riba). This was the only indication related to the income of the third. And since there are nine minors among the heirs, and the Ministry of Commerce regulations prohibit the establishment or shares being in the name of a deceased person, the heirs agreed to allocate an amount each year from the third for the maintenance of the real estate, then to disburse the amounts our deceased father ordered to be disbursed, adding to them an amount approximately equal to them as charity. They also allocate a reserve amount for the following year, and then distribute the remainder to the heirs as a legal inheritance. Do you permit this agreement of ours and approve it for us? Is it permissible for us to do so? We ask you to inform us of what you see, may Allah reward you with the best reward. Also, the following is included in the deceased's will: I also bequeath the spending of one hundred thousand Saudi riyals and fifty sacks of rice annually for the blessed month of Ramadan, as charity on my behalf and on behalf of my father, my mother, my grandmother,
and their fathers, my descendants, and my wives, to be distributed to the poor and for the repair of mosques and what benefits the deceased, through Shaykh Abdullah ibn Saif, and after him through his son Abd al-Rahman, and after him through whom the heirs see fit from among the righteous and good servants of Allah. Also, thirty thousand riyals (30,000) are to be spent annually in the month of Ramadan for needy relatives and acquaintances through the heirs. Also, in the blessed month of Ramadan annually, in the name of a doer of good, to the charitable committees in Makkah al-Mukarramah and al-Madinah al-Munawwarah and Riyadh and Dammam and Buraydah , ten thousand riyals for each committee, totaling fifty thousand. Also, five good-quality sacrifices are to be purchased annually: one in my name, the second in the name of my father Abdulaziz ibn Abdullah ibn Uthman and his mother, the third in the name of my mother Moudhi bint Ali al-Dumair and her parents, the fourth in the name of my grandmother Hayya bint Talab and her parents, and the fifth in the name of my sons, daughters, and wives and their parents. All of this is to be disbursed at its time from my account at the Najd Commercial Establishment through its manager. I hold my heirs responsible before Allah for violating this will of mine.
A: After the Permanent Committee studied your inquiry and reviewed the copy of your father’s (may Allah have mercy on him) will attached to your letter, it issued a rulingthat it is obligatory, after fulfilling the stipulated provisions from one-third of your father’s (may Allah have mercy on him) estate, to spend the remainder of the income from that one-third on acts of righteousness and good deeds, such as the maintenance of mosques
assisting the mujahideen in the path of Allah, supporting poor relatives and non-relatives, and the like, with the note that the priority is the repair of the bequeathed real estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Since our deceased father (may Allah have mercy on him) divided his estate in his attached will into two-thirds for the heirs and one-third for himself (may Allah have mercy on him) after his death, and since his share (may Allah have mercy on him) consists of a commercial establishment, shares in the electricity company, real estate, and liquid cash, as per the attached statement, and he (may Allah have mercy on him) bequeathed that sacrifices be offered from his third, as he ordered that charities be distributed and specified the method of distribution and who would carry it out, and since what he (may Allah have mercy on him) bequeathed does not exceed in total the amount of
four hundred thousand riyals (400,000), and the annual return on the third belonging to him (may Allah have mercy on him) is approximately four million (4,000,000), and he mentioned in his will (may Allah have mercy on him) that a council be formed from his adult sons along with any relatives and friends they see fit, to consult on disposing of the available liquid funds from the rents of the real estate and the shares belonging to the heirs, and the real estate and investments belonging to his third, to develop them through transactions that are free from any doubt regarding the forbidden usury (riba). This was the only indication related to the income of the third. And since there are nine minors among the heirs, and the Ministry of Commerce regulations prohibit the establishment or shares being in the name of a deceased person, the heirs agreed to allocate an amount each year from the third for the maintenance of the real estate, then to disburse the amounts our deceased father ordered to be disbursed, adding to them an amount approximately equal to them as charity. They also allocate a reserve amount for the following year, and then distribute the remainder to the heirs as a legal inheritance. Do you permit this agreement of ours and approve it for us? Is it permissible for us to do so? We ask you to inform us of what you see, may Allah reward you with the best reward. Also, the following is included in the deceased's will: I also bequeath the spending of one hundred thousand Saudi riyals and fifty sacks of rice annually for the blessed month of Ramadan, as charity on my behalf and on behalf of my father, my mother, my grandmother,
and their fathers, my descendants, and my wives, to be distributed to the poor and for the repair of mosques and what benefits the deceased, through Shaykh Abdullah ibn Saif, and after him through his son Abd al-Rahman, and after him through whom the heirs see fit from among the righteous and good servants of Allah. Also, thirty thousand riyals (30,000) are to be spent annually in the month of Ramadan for needy relatives and acquaintances through the heirs. Also, in the blessed month of Ramadan annually, in the name of a doer of good, to the charitable committees in Makkah al-Mukarramah and al-Madinah al-Munawwarah and Riyadh and Dammam and Buraydah , ten thousand riyals for each committee, totaling fifty thousand. Also, five good-quality sacrifices are to be purchased annually: one in my name, the second in the name of my father Abdulaziz ibn Abdullah ibn Uthman and his mother, the third in the name of my mother Moudhi bint Ali al-Dumair and her parents, the fourth in the name of my grandmother Hayya bint Talab and her parents, and the fifth in the name of my sons, daughters, and wives and their parents. All of this is to be disbursed at its time from my account at the Najd Commercial Establishment through its manager. I hold my heirs responsible before Allah for violating this will of mine.
A: After the Permanent Committee studied your inquiry and reviewed the copy of your father’s (may Allah have mercy on him) will attached to your letter, it issued a rulingthat it is obligatory, after fulfilling the stipulated provisions from one-third of your father’s (may Allah have mercy on him) estate, to spend the remainder of the income from that one-third on acts of righteousness and good deeds, such as the maintenance of mosques
assisting the mujahideen in the path of Allah, supporting poor relatives and non-relatives, and the like, with the note that the priority is the repair of the bequeathed real estate. 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.