Also, they say that a man passed away and left behind two daughters, and this house belongs to his two daughters, so they are renting it out monthly, but they do not give charity from it.
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The questioner : Also, they say that a man passed away and left behind two daughters, and this house belongs to his two daughters, so they are renting it out monthly, but they do not give charity from it. What is the ruling on this?
The Shaykh : First, it is not clear to me from the question whether the inheritance is restricted to these two daughters. We should ask: Does the deceased have any heirs other than these two daughters? Or did he bequeath this house to them to the exclusion of the other heirs? Or is the inheritance restricted to them, with no one else inheriting from him by fixed share or as a residuary heir?
The questioner : Yes.
The Shaykh : In any case, we say that if he has an heir other than them, then that heir should be consulted so that he may share with them in renting out the house, or if they have purchased it from him, then they have exclusive ownership of it. However, if the deceased bequeathed it to them to the exclusion of the other heirs, then this bequest is invalid and forbidden, and it must be returned to the estate.
The questioner : Yes.
The Shaykh : Unless the heirs approve of it. If the heirs who are aware of the ruling approve of it, then there is no harm in the two daughters having exclusive ownership of it. In any case, I am answering based on the question as asked.
The questioner : Yes.
The Shaykh : These questions that have been raised must be of concern to these two daughters. The rent they receive from this house, if a lunar year passes from the date of the contract, then they must pay zakah on it. But if a lunar year does not pass, for example, if the house is rented monthly and they take the rent each month and spend it, then in this case they do not owe zakah on it, because one of the conditions for the obligation of zakah is the completion of the lunar year.
The questioner : Yes.
The Shaykh : Here, the lunar year has not been completed on this rent.
The questioner : Yes.
The Shaykh : Yes.
The questioner : You have done well, may Allah reward you. Ladies and gentlemen, we have reached the end of this session, in which we presented the questions of Mr. Muhammad al-Sulayman from the Levant, and the female questioners from Jeddah, E.M.S., where each letter represents a listener.
We presented these questions and inquiries to His Eminence Shaykh Muhammad ibn Salih al-Uthaymeen, professor at Imam Muhammad ibn Saud Islamic University in al-Qassim, and imam and khatib of the Grand Mosque of the city of Unayzah.
Thank you, His Eminence Shaykh Muhammad, and thank you, ladies and gentlemen, and until...
The Shaykh : First, it is not clear to me from the question whether the inheritance is restricted to these two daughters. We should ask: Does the deceased have any heirs other than these two daughters? Or did he bequeath this house to them to the exclusion of the other heirs? Or is the inheritance restricted to them, with no one else inheriting from him by fixed share or as a residuary heir?
The questioner : Yes.
The Shaykh : In any case, we say that if he has an heir other than them, then that heir should be consulted so that he may share with them in renting out the house, or if they have purchased it from him, then they have exclusive ownership of it. However, if the deceased bequeathed it to them to the exclusion of the other heirs, then this bequest is invalid and forbidden, and it must be returned to the estate.
The questioner : Yes.
The Shaykh : Unless the heirs approve of it. If the heirs who are aware of the ruling approve of it, then there is no harm in the two daughters having exclusive ownership of it. In any case, I am answering based on the question as asked.
The questioner : Yes.
The Shaykh : These questions that have been raised must be of concern to these two daughters. The rent they receive from this house, if a lunar year passes from the date of the contract, then they must pay zakah on it. But if a lunar year does not pass, for example, if the house is rented monthly and they take the rent each month and spend it, then in this case they do not owe zakah on it, because one of the conditions for the obligation of zakah is the completion of the lunar year.
The questioner : Yes.
The Shaykh : Here, the lunar year has not been completed on this rent.
The questioner : Yes.
The Shaykh : Yes.
The questioner : You have done well, may Allah reward you. Ladies and gentlemen, we have reached the end of this session, in which we presented the questions of Mr. Muhammad al-Sulayman from the Levant, and the female questioners from Jeddah, E.M.S., where each letter represents a listener.
We presented these questions and inquiries to His Eminence Shaykh Muhammad ibn Salih al-Uthaymeen, professor at Imam Muhammad ibn Saud Islamic University in al-Qassim, and imam and khatib of the Grand Mosque of the city of Unayzah.
Thank you, His Eminence Shaykh Muhammad, and thank you, ladies and gentlemen, and until...