The Ruling on Disposing of Wealth through Endowment, Gift, and Bequest
Machine translationRead the Arabic original
Question:
The first message in this episode is from one of our brother listeners. The presenter says: Citizen (F. N.) from Riyadh. Our brother began his message by saying: In the name of Allah, the Most Merciful, the Bestower of Mercy. Your Eminence, Shaykh Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him), peace be upon you, and Allah’s mercy and blessings. After that:
I am sending this message to Your Eminence to inform you that I have a small house in the city of Riyadh. Since I am alone, with no wife or children, I want to endow my house to my mother through my young nephew, who is ten years old, and then to his sister after him. Please note that I have five brothers from my father, who are two sons and three daughters, and four siblings from my mother, who are three sons and one daughter. I want you to inform me, Your Eminence, is it permissible for me to do this without asking my siblings, or must I ask them so that they may relinquish their rights? May Allah preserve you and protect you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows: Allah (Mighty and Majestic) has made clear in His noble Book and in the Sunnah of His Prophet (peace and blessings be upon him) that a person of legal capacity may dispose of his property as he wishes in the manner that Allah has prescribed for His servants. There is no blame on him for charity, endowment, or bequest, provided he is a person of legal capacity and not a spendthrift. And you, praise be to Allah, if you are of sound mind, you may endow your house to any of your brother’s children or others, provided you are in good health and not ill. If you are healthy, you may endow it, and you may gift it to whom you see fit, and there is no blame on you for that.
The believer is free in his property; he may dispose of it in the way that Islam approves and does not prohibit. Endowment is among what Allah has prescribed, as the Prophet (peace and blessings be upon him) said:Riyad as-Salihin 1383 And 'Umar (may Allah be pleased with him) sought the Prophet’s (peace and blessings be upon him) permission to endow a share he had in Khaybar, so he endowed it for the poor, for the cause of Allah, and for relatives, with the permission of the Prophet (peace and blessings be upon him).
There is nothing wrong with endowing this house, whether small or large, to your nephew or your niece, or to one of your brothers, or to others, as long as you are healthy and not ill, and as long as you are of sound mind and not a spendthrift.
As for the sick person, he may only dispose of one-third. Likewise, in a bequest, he may not bequeath more than one-third or less. But if you are healthy and sound, with no impediment, you may dispose of your wealth in one-third, or more, or less, by gift to whom you see fit, by charity, by endowment, or by bequest. As for a bequest, it must be limited to one-third. You are not required to consult your brothers or sisters, meaning: you are not required to consult the heirs. You must dispose of your wealth without the need to consult them, as long as you are in good health and not ill, and as long as the gift is immediate and not a bequest. Yes.
The presenter: May Allah reward you with good.
The first message in this episode is from one of our brother listeners. The presenter says: Citizen (F. N.) from Riyadh. Our brother began his message by saying: In the name of Allah, the Most Merciful, the Bestower of Mercy. Your Eminence, Shaykh Abdul Aziz ibn Abdullah ibn Baz (may Allah preserve him), peace be upon you, and Allah’s mercy and blessings. After that:
I am sending this message to Your Eminence to inform you that I have a small house in the city of Riyadh. Since I am alone, with no wife or children, I want to endow my house to my mother through my young nephew, who is ten years old, and then to his sister after him. Please note that I have five brothers from my father, who are two sons and three daughters, and four siblings from my mother, who are three sons and one daughter. I want you to inform me, Your Eminence, is it permissible for me to do this without asking my siblings, or must I ask them so that they may relinquish their rights? May Allah preserve you and protect you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows: Allah (Mighty and Majestic) has made clear in His noble Book and in the Sunnah of His Prophet (peace and blessings be upon him) that a person of legal capacity may dispose of his property as he wishes in the manner that Allah has prescribed for His servants. There is no blame on him for charity, endowment, or bequest, provided he is a person of legal capacity and not a spendthrift. And you, praise be to Allah, if you are of sound mind, you may endow your house to any of your brother’s children or others, provided you are in good health and not ill. If you are healthy, you may endow it, and you may gift it to whom you see fit, and there is no blame on you for that.
The believer is free in his property; he may dispose of it in the way that Islam approves and does not prohibit. Endowment is among what Allah has prescribed, as the Prophet (peace and blessings be upon him) said:
When a man dies, his deeds come to an end except for three things: Sadaqah Jariyah (ceaseless charity); a knowledge which is beneficial, or a virtuous descendant who prays for him (for the deceased).
إذا مات ابن آدم انقطع عمله إلا من ثلاث: صدقة جارية، أو علم ينتفع به، أو ولد صالح يدعو لهThere is nothing wrong with endowing this house, whether small or large, to your nephew or your niece, or to one of your brothers, or to others, as long as you are healthy and not ill, and as long as you are of sound mind and not a spendthrift.
As for the sick person, he may only dispose of one-third. Likewise, in a bequest, he may not bequeath more than one-third or less. But if you are healthy and sound, with no impediment, you may dispose of your wealth in one-third, or more, or less, by gift to whom you see fit, by charity, by endowment, or by bequest. As for a bequest, it must be limited to one-third. You are not required to consult your brothers or sisters, meaning: you are not required to consult the heirs. You must dispose of your wealth without the need to consult them, as long as you are in good health and not ill, and as long as the gift is immediate and not a bequest. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.