Ruling on one who bequeaths a third of his wealth for a sacrifice for himself and his parents
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Question:
My father passed away, and he had bequeathed a third of his wealth for a sacrifice for himself and for his parents. He had money before his death, and he had entitlements from his job, and he had debts. The question is: Is the third from all of these assets, or from some of them? And is the third for the purpose of the sacrifice until it is exhausted, or is it possible to put some of it into construction, or furnishing for some of the mosques?
Answer:
The third is calculated from the entire wealth. If he has lands, or debts, or rights with the government, all of this includes a third of what he is entitled to from the government. If he has accumulated debts owed by the government, or otherwise, he has a right in it.
As for the retirement pension, it is for the heirs, not for him. But if he has debts, or rights that the government pays him, then the third is included in that. So it is like debts owed by people, and like blood money if he died as a victim, or was trampled to death; the blood money also has the third deducted from it. So the third is calculated from everything he is entitled to and that is inherited from him.
Then it is placed in land to be utilized, or in construction, or in palm trees, to be utilized, and a sacrifice is made from the produce. And what remains after the sacrifice is spent in the causes of righteousness and good deeds, such as: building mosques, helping the poor and the needy, paying off the debts of debtors, and assisting in jihad in the path of Allah, and the like. Except if he specified something after the sacrifice, saying: "The remainder after the sacrifice is to be spent on the poor of the descendants, or on the poor of the Muslims, in building mosques." Then what he said is done. And if he was silent, then the surplus after the sacrifice is spent in all the causes of righteousness and good deeds. And if there are poor among his relatives and descendants, they are given from it.
My father passed away, and he had bequeathed a third of his wealth for a sacrifice for himself and for his parents. He had money before his death, and he had entitlements from his job, and he had debts. The question is: Is the third from all of these assets, or from some of them? And is the third for the purpose of the sacrifice until it is exhausted, or is it possible to put some of it into construction, or furnishing for some of the mosques?
Answer:
The third is calculated from the entire wealth. If he has lands, or debts, or rights with the government, all of this includes a third of what he is entitled to from the government. If he has accumulated debts owed by the government, or otherwise, he has a right in it.
As for the retirement pension, it is for the heirs, not for him. But if he has debts, or rights that the government pays him, then the third is included in that. So it is like debts owed by people, and like blood money if he died as a victim, or was trampled to death; the blood money also has the third deducted from it. So the third is calculated from everything he is entitled to and that is inherited from him.
Then it is placed in land to be utilized, or in construction, or in palm trees, to be utilized, and a sacrifice is made from the produce. And what remains after the sacrifice is spent in the causes of righteousness and good deeds, such as: building mosques, helping the poor and the needy, paying off the debts of debtors, and assisting in jihad in the path of Allah, and the like. Except if he specified something after the sacrifice, saying: "The remainder after the sacrifice is to be spent on the poor of the descendants, or on the poor of the Muslims, in building mosques." Then what he said is done. And if he was silent, then the surplus after the sacrifice is spent in all the causes of righteousness and good deeds. And if there are poor among his relatives and descendants, they are given from it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.