The ruling on one who bequeaths a third of his annual income to the poor
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A man passed away, leaving behind a wife, a paternal sister, and two sons of his brother. This man bequeathed a third of his annual income to be used for the sacrifice of an udhiyah in his name every year, and for the remaining portion of the third to be distributed among the poor and the needy. How is the division among the heirs?
The third is set aside for the bequest and spent on what the testator specified. Then the remainder is divided among his heirs as follows: the wife receives one-fourth, the paternal sister receives one-half, and the rest goes to the sons of his brother.
The questioner: If he bequeathed that the remaining portion of the third be spent on the poor and relatives, but he has no relatives, where is the remainder to be spent?The Shaykh: On the poor Muslims.
The third is set aside for the bequest and spent on what the testator specified. Then the remainder is divided among his heirs as follows: the wife receives one-fourth, the paternal sister receives one-half, and the rest goes to the sons of his brother.
The questioner: If he bequeathed that the remaining portion of the third be spent on the poor and relatives, but he has no relatives, where is the remainder to be spent?The Shaykh: On the poor Muslims.