One who bequeaths the freeing of a slave: from the one-third
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Question: His Eminence the Shaykh / Abdul Aziz ibn Abdullah ibn Baz, the Grand Mufti of the Kingdom, and President of Scientific Research, Da'wah, and Ifta (may Allah preserve him).
Peace be upon you, and Allah’s mercy and blessings, and after that:
His Eminence the Shaykh: There is a man who killed another, and he was sentenced to death by retaliation (qisas). Before his execution, he made a bequest to one of his relatives to fast two consecutive months on his behalf, or to hire someone to fast two months on his behalf from one-third of his wealth, and to perform Hajj on his behalf, and to purchase a slave from the remaining one-third of his wealth and free them. The executor of the will has died, and nothing from the attached copy of the will has been carried out.
The killer usually receives an annual allowance from the government. He has a son of a paternal uncle who inherits from him as a residuary heir ('asabah). That son has also died. The heir has a maternal brother who inherits from him by fixed share (fard), and other heirs who inherit as residuary heirs.
We hope that Your Eminence (may Allah preserve you) will inform us in writing, if possible:
What is the ruling regarding the bequest of the aforementioned killer concerning: fasting, Hajj, and freeing a slave? And if the aforementioned bequest to free a slave is binding, what is the value of the freeing? And how is that obtained?
And does the maternal brother of the heir inherit from the annual allowance after the death of his deceased? We hope you will inform us about this. May Allah reward you, and may He reward you with the best reward. And peace be upon you, and the mercy of Allah and His blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the fasting is established in the killer's liability due to a vow or an expiation (kaffarah), then it is fasted on his behalf, whether he made a bequest for it or not. His bequest for Hajj and freeing a slave must be carried out from the one-third, if the one-third can bear it.
As for the allowance from the government, its matter is up to the competent authorities. It is possible that if the executor writes to us regarding the freeing, we can purchase a slave for him from one of the countries and free them; because there are slaves there who are inherited, and the value is usually around ten thousand riyals, increasing or decreasing slightly.
And if the executor has died, you must go to the court so that another executor is appointed. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah’s mercy and blessings, and after that:
His Eminence the Shaykh: There is a man who killed another, and he was sentenced to death by retaliation (qisas). Before his execution, he made a bequest to one of his relatives to fast two consecutive months on his behalf, or to hire someone to fast two months on his behalf from one-third of his wealth, and to perform Hajj on his behalf, and to purchase a slave from the remaining one-third of his wealth and free them. The executor of the will has died, and nothing from the attached copy of the will has been carried out.
The killer usually receives an annual allowance from the government. He has a son of a paternal uncle who inherits from him as a residuary heir ('asabah). That son has also died. The heir has a maternal brother who inherits from him by fixed share (fard), and other heirs who inherit as residuary heirs.
We hope that Your Eminence (may Allah preserve you) will inform us in writing, if possible:
What is the ruling regarding the bequest of the aforementioned killer concerning: fasting, Hajj, and freeing a slave? And if the aforementioned bequest to free a slave is binding, what is the value of the freeing? And how is that obtained?
And does the maternal brother of the heir inherit from the annual allowance after the death of his deceased? We hope you will inform us about this. May Allah reward you, and may He reward you with the best reward. And peace be upon you, and the mercy of Allah and His blessings.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the fasting is established in the killer's liability due to a vow or an expiation (kaffarah), then it is fasted on his behalf, whether he made a bequest for it or not. His bequest for Hajj and freeing a slave must be carried out from the one-third, if the one-third can bear it.
As for the allowance from the government, its matter is up to the competent authorities. It is possible that if the executor writes to us regarding the freeing, we can purchase a slave for him from one of the countries and free them; because there are slaves there who are inherited, and the value is usually around ten thousand riyals, increasing or decreasing slightly.
And if the executor has died, you must go to the court so that another executor is appointed. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.