It states that a person died and had no descendants, so he bequeathed that the house be a sacrifice for him and his parents, and that he said, “Cursed is the one who sells it or buys it, until Allah inherits the earth and whoever is upon it.”
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The questioner : From Abdullah ibn Sulayman al-Kharif from Riyadh. This letter reached us, stating that a person died and had no descendants, so he bequeathed...
The Shaykh : Had no?
The questioner : He had no descendants.
The Shaykh : Yes.
The questioner : So he bequeathed that the house... be a sacrifice for him and his parents, and that he said, “Cursed is the one who sells it or buys it, until Allah inherits the earth and whoever is upon it.” The house has now been ruined for years, meaning it is a wreck worth nothing. The deceased has an older brother who is advanced in age. What should be done, or what should he do, to clear his conscience from this bequest, which is currently in his possession? May Allah reward you with the best reward.
The Shaykh : First, his bequest of the entire house is forbidden to him, and that action is forbidden to him. This is his brother, who is his heir, if there is no heir with a stronger claim to inheritance. If such a case occurs, where a person bequeaths all that he owns and he has heirs, then the heirs have the choice between approving this bequest and preventing what exceeds one-third of it. Therefore, if his brother has not approved that bequest, he has the right to prevent what exceeds one-third of it.
As for if he has approved it, then the bequest is executed as the testator said. However, if the benefits of the house are lost, it is obligatory upon the executor who has oversight of this house, it is obligatory upon him to sell it and replace it with something that has benefit and revenue, so that the bequest is executed as required.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
Ladies and gentlemen, we have reached the end of this session, in which we presented letters from Sister S.M.A. from the Arab Republic of Egypt, Cairo, asking about free mixing of men and women; from Shams Taha from Iraq, Duhok Governorate; from the questioner A.A.J. from Algeria, asking about combining two wives in one bed and one night; from the distressed S.M.B. from the Holy City of Madinah, asking about a problem that occurred with her, where her husband lies to her and also accuses her; and from Zayd 'Umar al-Sabti from al-Qunfudhah, Teachers' College, and Abdullah ibn Sulayman al-Kharif from Riyadh, asking about the bequest.
We presented these questions and inquiries to Shaykh Muhammad ibn Salih al-Uthaymeen, professor at Imam Muhammad ibn Saud Islamic University in al-Qassim, and imam and preacher of the Grand Mosque in the city of Unaizah.
Thank you to Shaykh Muhammad, and thank you, ladies and gentlemen. Until we meet again in your presence, we entrust you to Allah. Peace be upon you, and the mercy of Allah and His blessings.
The Shaykh : Had no?
The questioner : He had no descendants.
The Shaykh : Yes.
The questioner : So he bequeathed that the house... be a sacrifice for him and his parents, and that he said, “Cursed is the one who sells it or buys it, until Allah inherits the earth and whoever is upon it.” The house has now been ruined for years, meaning it is a wreck worth nothing. The deceased has an older brother who is advanced in age. What should be done, or what should he do, to clear his conscience from this bequest, which is currently in his possession? May Allah reward you with the best reward.
The Shaykh : First, his bequest of the entire house is forbidden to him, and that action is forbidden to him. This is his brother, who is his heir, if there is no heir with a stronger claim to inheritance. If such a case occurs, where a person bequeaths all that he owns and he has heirs, then the heirs have the choice between approving this bequest and preventing what exceeds one-third of it. Therefore, if his brother has not approved that bequest, he has the right to prevent what exceeds one-third of it.
As for if he has approved it, then the bequest is executed as the testator said. However, if the benefits of the house are lost, it is obligatory upon the executor who has oversight of this house, it is obligatory upon him to sell it and replace it with something that has benefit and revenue, so that the bequest is executed as required.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
Ladies and gentlemen, we have reached the end of this session, in which we presented letters from Sister S.M.A. from the Arab Republic of Egypt, Cairo, asking about free mixing of men and women; from Shams Taha from Iraq, Duhok Governorate; from the questioner A.A.J. from Algeria, asking about combining two wives in one bed and one night; from the distressed S.M.B. from the Holy City of Madinah, asking about a problem that occurred with her, where her husband lies to her and also accuses her; and from Zayd 'Umar al-Sabti from al-Qunfudhah, Teachers' College, and Abdullah ibn Sulayman al-Kharif from Riyadh, asking about the bequest.
We presented these questions and inquiries to Shaykh Muhammad ibn Salih al-Uthaymeen, professor at Imam Muhammad ibn Saud Islamic University in al-Qassim, and imam and preacher of the Grand Mosque in the city of Unaizah.
Thank you to Shaykh Muhammad, and thank you, ladies and gentlemen. Until we meet again in your presence, we entrust you to Allah. Peace be upon you, and the mercy of Allah and His blessings.