A man who owns money made a bequest during his lifetime, and his wife does not own money. Is it permissible for him to gift her some of his money so that she can pay her bequest, and does this bequest drop off her if she later acquires money?
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The questioner : A man who owns money made a bequest during his lifetime from his wealth, and he executed it. His wife does not own money. Is it permissible for him to give her a gift from his wealth so that she can pay her bequest and execute it during her lifetime? If she later acquires money, does this bequest that she paid during her lifetime drop off her in the next instance?
The Shaykh : ... what did he mean by making a bequest?
The questioner : He made a bequest during his lifetime from his wealth and executed it. His wife does not own money. Is it permissible for him to give her a gift from his wealth so that she can pay her bequest and execute it during her lifetime? If she later acquires money, does this bequest that she paid during her lifetime drop off her in the next instance?
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 gifted her
The questioner : money
The Shaykh : to build a mosque with it.
The questioner : Yes
The Shaykh : Okay, then she acquired new money. Is it obligatory for her to build another mosque?
The questioner : Or a bequest that she bequeaths another bequest.
The Shaykh : She had bequeathed to build a mosque.
The questioner : To build a mosque, or to spend, for example, five thousand pounds.
The Shaykh : For example, I am giving an example, not specifically intended.
The questioner : Yes
The Shaykh : So her husband gifted 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 gifted her and she executed her bequest, then the obligation upon her has dropped off... .
Another questioner : It seems we understand that the bequest ... with money?
The Shaykh : She bequeathed, she bequeathed, of course not ... addressing a real situation.
The questioner : No, I understand that many people think that a bequest is obligatory in wealth, and therefore ... .
The Shaykh : Do you ... from your side? Do you have a comment on ... ?
The questioner : No, it appears that what is common among people, and it seems the questioner is asking in this way, is that the bequest is obligatory, and therefore he says that in the phrase ... .
The Shaykh : No, no, this is not understood.
Another questioner : It is understood that the bequest is obligatory, and he thinks it is an obligation, so he asks whether the bequest drops off him later?
The Shaykh : This is a different question from that one. We understood that she bequeathed, no, whereas now we understand that she wants ... .
The questioner : She wants to give charity.
The Shaykh : That is different. The question is different from the previous one. Now, what do we rely on? We will mention the two scenarios. The previous scenario that we understood, we answered it. Either she bequeathed a bequest, for example, that she must spend five thousand Syrian pounds to draw, for example, a spring of water, or to build a mosque, or to participate in building a mosque or a school, and she does not own this money. Then her husband gifted her this money, so she executed the bequest. 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 is intended to mean something else, which is that the woman did not bequeath, but her husband gave her money so that she can bequeath with this money. And the meaning of this statement remains new, that after her death, meaning ... .
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 a person's wealth?
The Shaykh : No, it is not obligatory.
Another questioner : This is ... .
The Shaykh : ... what did he mean by making a bequest?
The questioner : He made a bequest during his lifetime from his wealth and executed it. His wife does not own money. Is it permissible for him to give her a gift from his wealth so that she can pay her bequest and execute it during her lifetime? If she later acquires money, does this bequest that she paid during her lifetime drop off her in the next instance?
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 gifted her
The questioner : money
The Shaykh : to build a mosque with it.
The questioner : Yes
The Shaykh : Okay, then she acquired new money. Is it obligatory for her to build another mosque?
The questioner : Or a bequest that she bequeaths another bequest.
The Shaykh : She had bequeathed to build a mosque.
The questioner : To build a mosque, or to spend, for example, five thousand pounds.
The Shaykh : For example, I am giving an example, not specifically intended.
The questioner : Yes
The Shaykh : So her husband gifted 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 gifted her and she executed her bequest, then the obligation upon her has dropped off... .
Another questioner : It seems we understand that the bequest ... with money?
The Shaykh : She bequeathed, she bequeathed, of course not ... addressing a real situation.
The questioner : No, I understand that many people think that a bequest is obligatory in wealth, and therefore ... .
The Shaykh : Do you ... from your side? Do you have a comment on ... ?
The questioner : No, it appears that what is common among people, and it seems the questioner is asking in this way, is that the bequest is obligatory, and therefore he says that in the phrase ... .
The Shaykh : No, no, this is not understood.
Another questioner : It is understood that the bequest is obligatory, and he thinks it is an obligation, so he asks whether the bequest drops off him later?
The Shaykh : This is a different question from that one. We understood that she bequeathed, no, whereas now we understand that she wants ... .
The questioner : She wants to give charity.
The Shaykh : That is different. The question is different from the previous one. Now, what do we rely on? We will mention the two scenarios. The previous scenario that we understood, we answered it. Either she bequeathed a bequest, for example, that she must spend five thousand Syrian pounds to draw, for example, a spring of water, or to build a mosque, or to participate in building a mosque or a school, and she does not own this money. Then her husband gifted her this money, so she executed the bequest. 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 is intended to mean something else, which is that the woman did not bequeath, but her husband gave her money so that she can bequeath with this money. And the meaning of this statement remains new, that after her death, meaning ... .
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 a person's wealth?
The Shaykh : No, it is not obligatory.
Another questioner : This is ... .