Ruling on giving relatives from the surplus of a bequest
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A message was received for the program from al-Na'iriyah in the Eastern Region, sent by one of the brothers who indicated his name with four letters, saying (M. H. D. K). Our brother says: My mother bequeathed one-third of her wealth, and we bought a house with it, and this house is rented out. I carried out what was in the bequest, which is: two sacrificial animals continuously, and after the sacrifices and repairs, there is a surplus in money. Is it permissible for me to distribute this money among her children, even though I am doing so? And does the female's share equal the male's share in this rental income? And is her husband, who she outlived, given from it? Please inform us, may Allah reward you and bless your good deeds.
Answer: If she did not specify the destination of the surplus, meaning she did not say: "The surplus after the two sacrifices is to be spent on such-and-such or such-and-such," and she remained silent, then the surplus after the two sacrifices and after the repairs that the house may need is to be spent on avenues of righteousness and good deeds. It is not restricted to her children or her husband. However, if her children are poor, they are among the most deserving people of the surplus, as it constitutes charity and maintaining family ties for them. Likewise, her husband, if he is poor, is given from it on the basis that he is like a close relative due to his need and because his situation is dear to her. If the poor husband and the children are given from the income obtained from the house after the sacrifices and repairs, this is good, but it is not obligatory. The trustee looks at what is best. So if he finds someone poorer than the children and in greater need, there is no barrier for the trustee to spend on them.
The point is that this returns to the trustee, who must seek what is best. If her children are poor, they are among the most deserving people of the surplus because it is charity and maintaining family ties for them. Likewise, her husband, and likewise the rest of her relatives, such as her maternal uncles, paternal uncles, brothers, and the like. However, it is not restricted to them. Whenever the trustee sees that there is a matter greater than this and in greater need, there is no harm in spending on it, such as building mosques or doing good to a person in dire straits whose need is much greater than theirs, and similar matters that may arise, where the trustee knows that spending in them is very important and that more good is hoped for the bequeather. Yes.
Answer: If she did not specify the destination of the surplus, meaning she did not say: "The surplus after the two sacrifices is to be spent on such-and-such or such-and-such," and she remained silent, then the surplus after the two sacrifices and after the repairs that the house may need is to be spent on avenues of righteousness and good deeds. It is not restricted to her children or her husband. However, if her children are poor, they are among the most deserving people of the surplus, as it constitutes charity and maintaining family ties for them. Likewise, her husband, if he is poor, is given from it on the basis that he is like a close relative due to his need and because his situation is dear to her. If the poor husband and the children are given from the income obtained from the house after the sacrifices and repairs, this is good, but it is not obligatory. The trustee looks at what is best. So if he finds someone poorer than the children and in greater need, there is no barrier for the trustee to spend on them.
The point is that this returns to the trustee, who must seek what is best. If her children are poor, they are among the most deserving people of the surplus because it is charity and maintaining family ties for them. Likewise, her husband, and likewise the rest of her relatives, such as her maternal uncles, paternal uncles, brothers, and the like. However, it is not restricted to them. Whenever the trustee sees that there is a matter greater than this and in greater need, there is no harm in spending on it, such as building mosques or doing good to a person in dire straits whose need is much greater than theirs, and similar matters that may arise, where the trustee knows that spending in them is very important and that more good is hoped for the bequeather. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
