If the testator specifies a type of charity and the income exceeds the specified amount, in what is it to be spent?
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The second question of Fatwa No. ( 6463 )
Q2: If the testator specifies a type of charity, such as sacrifice or Hajj, and there is a surplus from the income and benefits of the endowment, to whom does it belong, is zakah obligatory on it, and is it divided equally among the male and female heirs or not?
A2: The surplus from the income of an endowment designated for acts of righteousness is to be spent on acts of righteousness as well, unless the testator specifies otherwise; in that case, his specification is followed
as long as it does not contradict the Shari'ah. If the heirs are poor and in need, they are given from the surplus what satisfies their need, whether they are women or men, and each one is given what satisfies his or her need. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: If the testator specifies a type of charity, such as sacrifice or Hajj, and there is a surplus from the income and benefits of the endowment, to whom does it belong, is zakah obligatory on it, and is it divided equally among the male and female heirs or not?
A2: The surplus from the income of an endowment designated for acts of righteousness is to be spent on acts of righteousness as well, unless the testator specifies otherwise; in that case, his specification is followed
as long as it does not contradict the Shari'ah. If the heirs are poor and in need, they are given from the surplus what satisfies their need, whether they are women or men, and each one is given what satisfies his or her need. 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.