How to Execute a Bequest
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A man passed away, and before his death he endowed a house and wrote a bequest stating that the proceeds from selling this endowment should be used for his needy children, for a sacrificial animal, and for the maintenance of the house. Now, the children no longer need the proceeds from selling this endowment, and the sale price exceeds the cost of the sacrifice and the maintenance.And the question now is: Is zakah due on the money collected from this endowment? And what should be done with the remainder?The Shaykh: As for the answer to this question, I cannot answer until I look at the document, because there may be a word in the document that changes the meaning we have understood so far.
The questioner: I know the document, and my father mentioned it: it is for the needy, for the maintenance of the endowment, and for the sacrifice.
The Shaykh: If it is for the needy, for the sacrifice, and for the maintenance of the endowment,So the common thing is that people say: the maintenance of the endowment takes precedence, then the sacrifice, then the needy among the descendants or the relatives. No family, clan, or tribe is without needy people. So it is distributed either to the descendants if they are in need, or to other relatives.
The questioner: What if the will did not specify these people?The Shaykh: Even if the bequest did not specify this, and it is not appropriate for the money to remain held up like this.
The questioner: Is zakah due on the money?The Shaykh: There is no zakah on it as long as the beneficiaries do not own it; because it has no owner, since these people do not have a right to it as long as the entitlement is conditional on need, and they do not need it, so they do not have a right to it and do not own it. In that case, it is money that has no owner.And among the conditions for the obligation of zakah: That the money has an owner.But as I told you: I do not think you should hold it back. I think it should be spent in a direction of good; so that the deceased may benefit from it, and so that it does not become subject to loss in the future.
The questioner: We are only afraid of deviating from the text of the bequest.
The Shaykh: It does no harm as long as the specified beneficiaries do not need it, and it is conditional on need, so it is distributed in other channels.
The questioner: I know the document, and my father mentioned it: it is for the needy, for the maintenance of the endowment, and for the sacrifice.
The Shaykh: If it is for the needy, for the sacrifice, and for the maintenance of the endowment,So the common thing is that people say: the maintenance of the endowment takes precedence, then the sacrifice, then the needy among the descendants or the relatives. No family, clan, or tribe is without needy people. So it is distributed either to the descendants if they are in need, or to other relatives.
The questioner: What if the will did not specify these people?The Shaykh: Even if the bequest did not specify this, and it is not appropriate for the money to remain held up like this.
The questioner: Is zakah due on the money?The Shaykh: There is no zakah on it as long as the beneficiaries do not own it; because it has no owner, since these people do not have a right to it as long as the entitlement is conditional on need, and they do not need it, so they do not have a right to it and do not own it. In that case, it is money that has no owner.And among the conditions for the obligation of zakah: That the money has an owner.But as I told you: I do not think you should hold it back. I think it should be spent in a direction of good; so that the deceased may benefit from it, and so that it does not become subject to loss in the future.
The questioner: We are only afraid of deviating from the text of the bequest.
The Shaykh: It does no harm as long as the specified beneficiaries do not need it, and it is conditional on need, so it is distributed in other channels.