A man who owns wealth and has made his bequest during his lifetime, while his wife owns no wealth; is it permissible for him to give her from his wealth so that she can make her bequest?
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The questioner : A man who owns wealth, and has made his bequest during his lifetime, while his wife owns no wealth; is it permissible for him to give her from his wealth so that she can make her bequest? And does this bequest drop off her if she acquires wealth later?
The Shaykh : It is not clear, what do you mean by "made his bequest"?
The questioner : He made his bequest from his wealth during his lifetime.
The Shaykh : He executed it, you mean.
The questioner : He executed it, and his wife owns no wealth; is it permissible for him to give her a gift from his side so that she can make her bequest and execute it—also—during her lifetime? If she acquires wealth later, does this bequest that she made during her lifetime drop off her in the other case?
The Shaykh : I mean, for example, what did she bequeath? To build a mosque.
The questioner : To build a mosque, she built a mosque.
The Shaykh : She has no money.
The questioner: Yes.
The Shaykh : So her husband gave her a gift.
The questioner : Wealth.
The Shaykh : She did not build a mosque with it.
The questioner: Yes.
The Shaykh : Okay, then she acquired new wealth; is it obligatory for her to build another mosque?
The questioner : Or a bequest that she bequeaths with another bequest.
The Shaykh : Did she bequeath to build a mosque?
The questioner : To build a mosque, or to spend—for example—five thousand pounds.
The Shaykh : For example, I mean, we are giving an example, not intended specifically.
The questioner: Yes.
The Shaykh : So her husband gave her the five thousand.
The questioner: Yes.
The Shaykh : If the gift is a lawful gift, not intended to deceive the heirs.
The questioner: Yes.
The Shaykh : Or to deprive them; then he may dispose of his wealth as he wishes; so if her husband gave her a gift and she executed her bequest; then the obligation upon her has dropped, even if...
Another questioner : It seems to be understood that the bequest is... with the wealth?
The Shaykh : She bequeathed, she bequeathed, of course not... dealing with a real situation.
The questioner : No, I understood that many people understand that the bequest is obligatory in the wealth; therefore...
The Shaykh : Did you understand from you? Or a comment on what was mentioned?
The questioner : No, it appears that what is common among people, and the questioner asks in this way, is that the bequest is obligatory; therefore I say that in the phrase...
The Shaykh : No, no, this is not understood; it is understood that the bequest is obligatory, and they think it is obligatory; therefore he asks: does the bequest drop off him later?
The Shaykh : This is a different question; we understood that she bequeathed, whereas now it is understood that she wants to bequeath.
The questioner : She wants to give charity.
The Shaykh : This is different; the question is different from the previous one. Now, what are we relying on? We will mention the two scenarios. The previous scenario that we understood, we gave the answer to it: a woman bequeathed a bequest; that—for example—she must spend five thousand Syrian pounds to, for example, draw water, or build a mosque, or participate in building a mosque, or a school; and she does not own this wealth, then her husband gave her this wealth as a gift, so she executed the bequest, and what she bequeathed dropped off her, this is according to what we understood first.
The questioner: Yes.
The Shaykh : Now, with the observation here, Abu Ahmad agreed with it previously, it became clear that the question intends something else; and that is the woman did not bequeath, but her husband gave her wealth so that she can be able to bequeath with this wealth, and the meaning of this statement remains new that after her death, I mean—for example—when.
The questioner : It is not executed during her lifetime, as it is executed...
Another questioner : No, the intention is whether the bequest is obligatory in the wealth upon the person?
The Shaykh : No, it is not obligatory.
Another questioner : That is it...
The Shaykh : It is not clear, what do you mean by "made his bequest"?
The questioner : He made his bequest from his wealth during his lifetime.
The Shaykh : He executed it, you mean.
The questioner : He executed it, and his wife owns no wealth; is it permissible for him to give her a gift from his side so that she can make her bequest and execute it—also—during her lifetime? If she acquires wealth later, does this bequest that she made during her lifetime drop off her in the other case?
The Shaykh : I mean, for example, what did she bequeath? To build a mosque.
The questioner : To build a mosque, she built a mosque.
The Shaykh : She has no money.
The questioner: Yes.
The Shaykh : So her husband gave her a gift.
The questioner : Wealth.
The Shaykh : She did not build a mosque with it.
The questioner: Yes.
The Shaykh : Okay, then she acquired new wealth; is it obligatory for her to build another mosque?
The questioner : Or a bequest that she bequeaths with another bequest.
The Shaykh : Did she bequeath to build a mosque?
The questioner : To build a mosque, or to spend—for example—five thousand pounds.
The Shaykh : For example, I mean, we are giving an example, not intended specifically.
The questioner: Yes.
The Shaykh : So her husband gave her the five thousand.
The questioner: Yes.
The Shaykh : If the gift is a lawful gift, not intended to deceive the heirs.
The questioner: Yes.
The Shaykh : Or to deprive them; then he may dispose of his wealth as he wishes; so if her husband gave her a gift and she executed her bequest; then the obligation upon her has dropped, even if...
Another questioner : It seems to be understood that the bequest is... with the wealth?
The Shaykh : She bequeathed, she bequeathed, of course not... dealing with a real situation.
The questioner : No, I understood that many people understand that the bequest is obligatory in the wealth; therefore...
The Shaykh : Did you understand from you? Or a comment on what was mentioned?
The questioner : No, it appears that what is common among people, and the questioner asks in this way, is that the bequest is obligatory; therefore I say that in the phrase...
The Shaykh : No, no, this is not understood; it is understood that the bequest is obligatory, and they think it is obligatory; therefore he asks: does the bequest drop off him later?
The Shaykh : This is a different question; we understood that she bequeathed, whereas now it is understood that she wants to bequeath.
The questioner : She wants to give charity.
The Shaykh : This is different; the question is different from the previous one. Now, what are we relying on? We will mention the two scenarios. The previous scenario that we understood, we gave the answer to it: a woman bequeathed a bequest; that—for example—she must spend five thousand Syrian pounds to, for example, draw water, or build a mosque, or participate in building a mosque, or a school; and she does not own this wealth, then her husband gave her this wealth as a gift, so she executed the bequest, and what she bequeathed dropped off her, this is according to what we understood first.
The questioner: Yes.
The Shaykh : Now, with the observation here, Abu Ahmad agreed with it previously, it became clear that the question intends something else; and that is the woman did not bequeath, but her husband gave her wealth so that she can be able to bequeath with this wealth, and the meaning of this statement remains new that after her death, I mean—for example—when.
The questioner : It is not executed during her lifetime, as it is executed...
Another questioner : No, the intention is whether the bequest is obligatory in the wealth upon the person?
The Shaykh : No, it is not obligatory.
Another questioner : That is it...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.