He established an endowment that yields income for his needy children; do they have any right to the income?
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Fatwa No. ( 467 )
Q: Their father has an endowment that yields income, and it is stated in the endowment deed: if any of the daughters needs it, she may reside in the house, and he allocated two sacrificial animals from the income, one for him and one for his parents, and if the descendants need it, there is no blame on them for leaving off the sacrifices. He asks whether they have any right to the income?
A: Since the one who established the endowment (may Allah have mercy on him) restricted the residence to the need of any one of his daughters only, and likewise restricted the benefit of the descendants from the endowment to need as well, then any of his daughters whose need is proven has the right to be given from the income what she needs to rent a residence similar to hers, and she also has her share of the income after her need is proven. The same applies to the sons and daughters of Nasser regarding what remains after the daughters' residence in case of need, and after providing the necessities, which are the sacrifices. Any of them whose need is proven has the right to be given from the income what helps him meet his need, and the one whose need is more severe is given more than the one whose need is less. Likewise, regarding the male children, if he has
poor descendants whom he supports, then his need and the need of his children are considered, because his children fall under the term "descendants," and because some of the precise scholars among the people of knowledge mentioned that the surplus income of endowments is to be spent in acts of righteousness, and charity to the needy relative is considered one of the most important charitable causes, and its reward is multiplied; because it combines charity and maintaining family ties. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Their father has an endowment that yields income, and it is stated in the endowment deed: if any of the daughters needs it, she may reside in the house, and he allocated two sacrificial animals from the income, one for him and one for his parents, and if the descendants need it, there is no blame on them for leaving off the sacrifices. He asks whether they have any right to the income?
A: Since the one who established the endowment (may Allah have mercy on him) restricted the residence to the need of any one of his daughters only, and likewise restricted the benefit of the descendants from the endowment to need as well, then any of his daughters whose need is proven has the right to be given from the income what she needs to rent a residence similar to hers, and she also has her share of the income after her need is proven. The same applies to the sons and daughters of Nasser regarding what remains after the daughters' residence in case of need, and after providing the necessities, which are the sacrifices. Any of them whose need is proven has the right to be given from the income what helps him meet his need, and the one whose need is more severe is given more than the one whose need is less. Likewise, regarding the male children, if he has
poor descendants whom he supports, then his need and the need of his children are considered, because his children fall under the term "descendants," and because some of the precise scholars among the people of knowledge mentioned that the surplus income of endowments is to be spent in acts of righteousness, and charity to the needy relative is considered one of the most important charitable causes, and its reward is multiplied; because it combines charity and maintaining family ties. 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.