Disposition of a house bequeathed one-third for charitable works
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If the estate includes a house in which there is a bequest of one-third for charitable works, such as the 'Id sacrifice and others, and the heirs want to divide the estate, what do they do with this house? Is it sold and one-third of its value is taken out for charitable works, or what do they do? May Allah grant you success.
The Shaykh:
The house in which a portion has been bequeathed, or a portion of its value, is not sold. Rather, it is rented out, and the rent is distributed among the heirs and the bequest. However, if the judge, who is the qadi, sees that it should be sold, then it is sold. Yes. Repeat the question.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If the estate includes a house in which there is a bequest of one-third for charitable works, such as the 'Id sacrifice and others, and the heirs want to divide the estate, what do they do with this house? Is it sold and one-third of its value is taken out for charitable works, or what do they do with it?
The Shaykh:
The house is not sold except with the permission of the judge. However, if one of the heirs wants to sell his share, there is no harm in that. He sells his share of the house, and the buyer takes his place. As for the house itself, it is not sold in its entirety; it remains. But if one of the heirs wants to sell his share, he may sell it, and there is no harm in that.
He says: Honorable Shaykh, may Allah grant you success. If the estate includes a house in which there is a bequest of one-third for charitable works, such as the 'Id sacrifice and others, and the heirs want to divide the estate, what do they do with this house? Is it sold and one-third of its value is taken out for charitable works, or what do they do? May Allah grant you success.
The Shaykh:
The house in which a portion has been bequeathed, or a portion of its value, is not sold. Rather, it is rented out, and the rent is distributed among the heirs and the bequest. However, if the judge, who is the qadi, sees that it should be sold, then it is sold. Yes. Repeat the question.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If the estate includes a house in which there is a bequest of one-third for charitable works, such as the 'Id sacrifice and others, and the heirs want to divide the estate, what do they do with this house? Is it sold and one-third of its value is taken out for charitable works, or what do they do with it?
The Shaykh:
The house is not sold except with the permission of the judge. However, if one of the heirs wants to sell his share, there is no harm in that. He sells his share of the house, and the buyer takes his place. As for the house itself, it is not sold in its entirety; it remains. But if one of the heirs wants to sell his share, he may sell it, and there is no harm in that.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:06:34)
The Arabic text is a machine transcription of the audio recording.