The ruling on a bequest if the heirs dispose of part of the estate
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Question:
This questioner says: A man passed away and left behind only four daughters. He bequeathed one-third of his wealth in the path of Allah. After fifteen years, they sold one of the buildings they inherited from their father for one million riyals and invested this amount in their own land to build apartments on it. Now they are about to sell that building, which is currently worth much less than one million riyals. The question is: Do they have to take out one-third of their father's wealth from the first million, or do they have to take out one-third of their father's wealth from what they will receive when they sell this building, or do they have to pay what is due from the first million and the value of the second building? Please inform us, may Allah reward you with good.
Answer:
They must take out the one-third from everything, from all that their father left behind. If they caused something to happen and sold it, and they were responsible for it, then the bequest is a partner in what they dispose of, and they are liable for any decrease that occurred if they were negligent. It is necessary to consult the judge in these matters: the court, the agent. They should consult the court regarding the dispositions they wish to make. Otherwise, they should separate the money that belongs to their father, which is the one-third, and the agent should dispose of it according to what the testator bequeathed, by placing it in a building or otherwise, according to what the testator bequeathed. They should refer to the court in every matter until their conscience is clear. He is their partner in everything, in the small and the great, because he is the one who bequeathed the one-third, so he is their partner in everything. It is not permissible for them to make a disposition that is dangerous. If they do, they are liable. If something is unclear to them, they should refer to the court, and the court will look into what may be unclear to them, or what they may have been negligent in, or the like.
This questioner says: A man passed away and left behind only four daughters. He bequeathed one-third of his wealth in the path of Allah. After fifteen years, they sold one of the buildings they inherited from their father for one million riyals and invested this amount in their own land to build apartments on it. Now they are about to sell that building, which is currently worth much less than one million riyals. The question is: Do they have to take out one-third of their father's wealth from the first million, or do they have to take out one-third of their father's wealth from what they will receive when they sell this building, or do they have to pay what is due from the first million and the value of the second building? Please inform us, may Allah reward you with good.
Answer:
They must take out the one-third from everything, from all that their father left behind. If they caused something to happen and sold it, and they were responsible for it, then the bequest is a partner in what they dispose of, and they are liable for any decrease that occurred if they were negligent. It is necessary to consult the judge in these matters: the court, the agent. They should consult the court regarding the dispositions they wish to make. Otherwise, they should separate the money that belongs to their father, which is the one-third, and the agent should dispose of it according to what the testator bequeathed, by placing it in a building or otherwise, according to what the testator bequeathed. They should refer to the court in every matter until their conscience is clear. He is their partner in everything, in the small and the great, because he is the one who bequeathed the one-third, so he is their partner in everything. It is not permissible for them to make a disposition that is dangerous. If they do, they are liable. If something is unclear to them, they should refer to the court, and the court will look into what may be unclear to them, or what they may have been negligent in, or the like.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.