A trustee acting against the will

Q 2: Some of our relatives bequeathed sums of money to be paid for sacrificing Ud-hiyah (sacrificial animal offered by non-pilgrims). Sometimes the money offered as bequests is insufficient to buy Ud-hiyah in addition to the fact that Makkah is a place where multitudes of Ud-hiyah and Hady (sacrificial animal offered by pilgrims) are offered. Moreover, it is difficult to go to the place where sacrificial animals are sold, (Part No. 16; Page No. 356) slaughtered and distributed. Is it permissible if we pay the money they bequeath for Ud-hiyah as Sadaqah (voluntary charity) on behalf of them as it would be of more benefit to them than to offer Ud-hiyah on `Eid-ul-Adha (the Festival of the Sacrifice)? We only seek for them and us to attain the reward of Allah (Exalted be He).

A: The guardian should carry out the will just as the deceased had declared it unless it contains a violation of a Shar`y text. It is valid if a person draws up a will in which he declares that Ud-hiyah (sacrificial animal offered by non-pilgrims) be offered on his behalf. Slaughtering Ud-hiyah is one of the greatest acts of worship which is offered to Allah (Exalted be He). Thus, you are duty bound to execute the will. In case the money paid annually happens to be short of meeting the price of Ud-hiyah, you have to collect the money of two or more years to be paid to buy one Ud-hiyah as you can not offer more than this. Allah (Exalted be He) says: So keep your duty to Allâh and fear Him as much as you can The Prophet (peace be upon him) said: When I command you to do anything, do of it as much as you possibly can. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.