The Guardian’s Taking from the Endowment and the Bequest
Machine translationRead the Arabic original
The questioner:
Is it permissible for the guardian of the endowment and the guardian of the bequest to take anything from this endowment or from this estate?
The Shaykh:
If the bequeather has given him permission, there is no harm. For 'Umar (may Allah be pleased with him) said: There is no blame on the one who is entrusted with it to eat from it, provided he does not accumulate wealth from it or become dependent on it. So, if the bequeather gives permission, there is no harm. If the bequeather says to the one to whom the bequest is made: “Give a third of my wealth to the poor,”
The questioner:
Yes, indeed. So, if the one to whom the bequest is made gives it to his father, is that valid or not?
The Shaykh:
It is valid. He takes it for himself, and not for one whose testimony is not accepted for him, such as his father, his grandfather, his children, or his wife.
Is it permissible for the guardian of the endowment and the guardian of the bequest to take anything from this endowment or from this estate?
The Shaykh:
If the bequeather has given him permission, there is no harm. For 'Umar (may Allah be pleased with him) said: There is no blame on the one who is entrusted with it to eat from it, provided he does not accumulate wealth from it or become dependent on it. So, if the bequeather gives permission, there is no harm. If the bequeather says to the one to whom the bequest is made: “Give a third of my wealth to the poor,”
The questioner:
Yes, indeed. So, if the one to whom the bequest is made gives it to his father, is that valid or not?
The Shaykh:
It is valid. He takes it for himself, and not for one whose testimony is not accepted for him, such as his father, his grandfather, his children, or his wife.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:11:47)
The Arabic text is a machine transcription of the audio recording.