The ruling if the endowment is more than one-third and was executed during the soundness of the endower, and he did not intend to deprive the heirs
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Fatwa number ( 8785 )
Q: I am an elderly woman, and I have caused a dispute over the purchase of a house, as I have no male children other than daughters with their husbands and children. The house was purchased during my lifetime to be a bequest (sibalah) for me and my parents after my death, and to be under the management of my brother and my brother Hamdan Sa'd ibn Qadan. However, some people have raised an issue with us, saying: "You have only one-third, and the rest belongs to the heirs," meaning the daughters. Is this correct? Knowing that they have not contributed a single riyal to the house. If I wrote it as a bequest and endowed it under the management of my brother Hamdan, is there any sin on me for that? Please inform us, for I am in confusion.
A: If the house was endowed by you as an executed endowment during your soundness, it is valid, and you have no right to revoke it during your lifetime, nor
is it inherited after you, and there is no sin on you for that if your intention was good and you did not intend to deprive the heirs. Likewise, if you did not endow it and then endowed it later in a state of soundness and with a valid legal transaction. However, if you made a bequest regarding it or made a testamentary endowment, it is permissible to revoke the bequest before death, or it is valid within the limit of one-third of what you left behind if you did not revoke it during your lifetime. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am an elderly woman, and I have caused a dispute over the purchase of a house, as I have no male children other than daughters with their husbands and children. The house was purchased during my lifetime to be a bequest (sibalah) for me and my parents after my death, and to be under the management of my brother and my brother Hamdan Sa'd ibn Qadan. However, some people have raised an issue with us, saying: "You have only one-third, and the rest belongs to the heirs," meaning the daughters. Is this correct? Knowing that they have not contributed a single riyal to the house. If I wrote it as a bequest and endowed it under the management of my brother Hamdan, is there any sin on me for that? Please inform us, for I am in confusion.
A: If the house was endowed by you as an executed endowment during your soundness, it is valid, and you have no right to revoke it during your lifetime, nor
is it inherited after you, and there is no sin on you for that if your intention was good and you did not intend to deprive the heirs. Likewise, if you did not endow it and then endowed it later in a state of soundness and with a valid legal transaction. However, if you made a bequest regarding it or made a testamentary endowment, it is permissible to revoke the bequest before death, or it is valid within the limit of one-third of what you left behind if you did not revoke it during your lifetime. 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.