The Ruling on Endowing Houses and Making Them Publicly Available
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Question:
Many of the elderly people who make endowments endow houses—they bequeath houses in their wills—and the children agree to this while they are still alive. Is this permissible for them?
Answer:
It is permissible for them to endow houses if they execute the endowment immediately, and there is no harm in that. However, if they condition it on death, they are only entitled to one-third.
Q: I mean, if the heirs agree while he is still alive?
A: Even if they do not agree, there is no harm in his endowing whatever he wishes of his property. Their agreement is not a condition for that; it is only a condition for a bequest. In a bequest, he is entitled to one-third, unless they are willing to accept more. However, if he is healthy and makes an endowment, saying, "This house is an endowment for me," or he endows it for someone else while he is healthy, then the entire endowment is valid, even if the heirs do not agree.
Q: If he endows all his wealth, is that permissible for him?
A: Yes, it is permissible, but it is better for him not to do so, just as the Prophet (peace and blessings be upon him) said to Sa'd and Abu Lubabah, that he should leave some for the heirs. The Prophet said:Sunan an-Nasa'i 3823Sahih (Darussalam), so it is better for him to leave some of the wealth so that he does not need [to ask for help].
Many of the elderly people who make endowments endow houses—they bequeath houses in their wills—and the children agree to this while they are still alive. Is this permissible for them?
Answer:
It is permissible for them to endow houses if they execute the endowment immediately, and there is no harm in that. However, if they condition it on death, they are only entitled to one-third.
Q: I mean, if the heirs agree while he is still alive?
A: Even if they do not agree, there is no harm in his endowing whatever he wishes of his property. Their agreement is not a condition for that; it is only a condition for a bequest. In a bequest, he is entitled to one-third, unless they are willing to accept more. However, if he is healthy and makes an endowment, saying, "This house is an endowment for me," or he endows it for someone else while he is healthy, then the entire endowment is valid, even if the heirs do not agree.
Q: If he endows all his wealth, is that permissible for him?
A: Yes, it is permissible, but it is better for him not to do so, just as the Prophet (peace and blessings be upon him) said to Sa'd and Abu Lubabah, that he should leave some for the heirs. The Prophet said:
Keep some of your wealth for yourself; that is better for you.
أمسك عليك بعضَ مالك فهو خيرٌ لك
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
