The Bequest in Forms of Righteousness
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Question: Your Eminence, many people write in their wills (an endowment), and then the benefits of this endowment become suspended, and disputes arise among the heirs regarding this endowment. What do you advise a Muslim to do if he wants to write his will, especially if he is among the wealthy?
Answer: He should bequeath what is appropriate; he should bequeath one-third, one-quarter, or one-fifth in forms of righteousness and good deeds. If there is a needy person among his descendants, he should give them from the income, so that no dispute occurs. He should bequeath one-third, one-quarter, or one-fifth in a form of righteousness and good deeds. If he designates it for a sacrifice, there is nothing wrong with that. If he says: "Whoever among my descendants is in need shall be given the amount of his need," there is nothing wrong with that, or "whoever among my relatives," so that no dispute occurs.
The matter must be clear, so that the person appointed to manage the endowment can distinguish its income and distribute it in the manner specified in the bequest, in a clear way that contains no doubtful matter. This is because some people may be strict in their bequests, and one might say, "The remainder is for the heirs," which then leads to hardship among them. Perhaps only a small amount remains, and then the family grows and multiplies, resulting in great hardship. However, if he says regarding the income what al-Zubayr ibn al-'Awwam (may Allah be pleased with him) and a group of others said in their bequests, and Ibn 'Umar said, "For the needy among the descendants," and if he says, "The needy among the descendants will receive such and such from the income of the endowment," there is nothing wrong with that.
Answer: He should bequeath what is appropriate; he should bequeath one-third, one-quarter, or one-fifth in forms of righteousness and good deeds. If there is a needy person among his descendants, he should give them from the income, so that no dispute occurs. He should bequeath one-third, one-quarter, or one-fifth in a form of righteousness and good deeds. If he designates it for a sacrifice, there is nothing wrong with that. If he says: "Whoever among my descendants is in need shall be given the amount of his need," there is nothing wrong with that, or "whoever among my relatives," so that no dispute occurs.
The matter must be clear, so that the person appointed to manage the endowment can distinguish its income and distribute it in the manner specified in the bequest, in a clear way that contains no doubtful matter. This is because some people may be strict in their bequests, and one might say, "The remainder is for the heirs," which then leads to hardship among them. Perhaps only a small amount remains, and then the family grows and multiplies, resulting in great hardship. However, if he says regarding the income what al-Zubayr ibn al-'Awwam (may Allah be pleased with him) and a group of others said in their bequests, and Ibn 'Umar said, "For the needy among the descendants," and if he says, "The needy among the descendants will receive such and such from the income of the endowment," there is nothing wrong with that.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
