Is it permissible for a Muslim to spend his bequest before his death, and is it permissible to transfer the zakat of wealth from one country to another within the same nation? Please inform us, and may you be rewarded.
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The questioner : Is it permissible for a Muslim to spend his bequest before his death? And is it permissible to transfer the zakat of wealth from one country to another within the same nation? Please inform us, and may you be rewarded.
The Shaykh : If a person executes one-third of his wealth during his lifetime, that is not considered a bequest, but rather a voluntary gift. As long as a person is alive and in sound mind, he may give away whatever he wishes of his wealth, and there is no restriction on him, provided that no right of any person is attached to his wealth, such as if he were in debt and his giving would harm the creditors, or similar cases.
The important point is that what a person executes during his lifetime is not considered a bequest, but rather a voluntary gift that he has executed. However, if this execution takes place during his terminal illness, or what is connected to it, it is considered part of the one-third, or less, for a non-heir. This is because the gift in this situation has the ruling of a bequest, in that it is not permissible to give more than one-third, nor to give anything to any of the heirs. As for transferring zakat from one country to another, the correct view is that it is permissible, especially if there is a benefit in doing so, such as transferring it from one country to another where the people are in greater need, or transferring it from one country to another because he has relatives there who are eligible for zakat. In that case, it is permissible and there is no harm in it. Yes.
The questioner : May Allah reward you, esteemed Shaykh, and may He magnify your reward.
The Shaykh : If a person executes one-third of his wealth during his lifetime, that is not considered a bequest, but rather a voluntary gift. As long as a person is alive and in sound mind, he may give away whatever he wishes of his wealth, and there is no restriction on him, provided that no right of any person is attached to his wealth, such as if he were in debt and his giving would harm the creditors, or similar cases.
The important point is that what a person executes during his lifetime is not considered a bequest, but rather a voluntary gift that he has executed. However, if this execution takes place during his terminal illness, or what is connected to it, it is considered part of the one-third, or less, for a non-heir. This is because the gift in this situation has the ruling of a bequest, in that it is not permissible to give more than one-third, nor to give anything to any of the heirs. As for transferring zakat from one country to another, the correct view is that it is permissible, especially if there is a benefit in doing so, such as transferring it from one country to another where the people are in greater need, or transferring it from one country to another because he has relatives there who are eligible for zakat. In that case, it is permissible and there is no harm in it. Yes.
The questioner : May Allah reward you, esteemed Shaykh, and may He magnify your reward.