How to Dispose of an Endowment with a Discontinued Beneficiary
Machine translationRead the Arabic original
Fatwa No. ( 810 )
Q: His grandfather bequeathed his property, named "Fayd Suwayd," for sacrificial animals, with the surplus after the mentioned sacrifices to be inherited by his family, Muhammad and Abdullah. The questioner states that Muhammad has passed away and asks whether his share of the surplus yield returns to Abdullah or to Muhammad's heirs. If Abdullah also passes away, is his share compensated to his heirs?
A: What appears to the Committee is that the share of Muhammad, who died after his father, does not belong to his brother Abdullah nor to his heirs—meaning Muhammad's heirs—but rather it is like an endowment for a beneficiary who has been discontinued, with no specific beneficiary designated thereafter by the endower himself. Thus, it becomes an endowment with a discontinued beneficiary. The option chosen by the Committee for
an endowment with a discontinued beneficiary is that its yield be spent on acts of righteousness at the discretion of the trustee. If there is a needy relative of the endower, he is given from the yield for his need and his closeness. However, if they are wealthy, none of them is given anything from it. If Abdullah passes away, the ruling on his share of the yield is the same as the ruling on his brother Muhammad's share; because neither of them has a right to the capital of the endowment, but their right is only to the renewed yield as long as they are alive. If he dies and new yield occurs after his death, he has no share in it because he died before it was obtained. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His grandfather bequeathed his property, named "Fayd Suwayd," for sacrificial animals, with the surplus after the mentioned sacrifices to be inherited by his family, Muhammad and Abdullah. The questioner states that Muhammad has passed away and asks whether his share of the surplus yield returns to Abdullah or to Muhammad's heirs. If Abdullah also passes away, is his share compensated to his heirs?
A: What appears to the Committee is that the share of Muhammad, who died after his father, does not belong to his brother Abdullah nor to his heirs—meaning Muhammad's heirs—but rather it is like an endowment for a beneficiary who has been discontinued, with no specific beneficiary designated thereafter by the endower himself. Thus, it becomes an endowment with a discontinued beneficiary. The option chosen by the Committee for
an endowment with a discontinued beneficiary is that its yield be spent on acts of righteousness at the discretion of the trustee. If there is a needy relative of the endower, he is given from the yield for his need and his closeness. However, if they are wealthy, none of them is given anything from it. If Abdullah passes away, the ruling on his share of the yield is the same as the ruling on his brother Muhammad's share; because neither of them has a right to the capital of the endowment, but their right is only to the renewed yield as long as they are alive. If he dies and new yield occurs after his death, he has no share in it because he died before it was obtained. 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.