After studying the requested Fatwa (legal opinion issued by a qualified Muslim scholar) and its attachments, the committee found:1. The text of the Fatwa request:
My brother died in an accident
between two cars on 5/1/1391 A.H. In
leaving two sons by his divorced wife (Part No. 16; Page No. 293) and two young daughters by his current wife. When he died (may Allah be merciful to him), he was a government employee. His parents are both dead. He left some money and a house, according to a will written on 1/3/1389 A.H. That literally states: "One-third and the house shall be made as a Waqf (endowment) for me from it (the estate), and the remainder of investing it should be given to people who are needy and aggrieved." The testator had never suffered from any insanity or any mental disturbance, and I do not think that he intended to deprive his heirs of their rights. I hope that you will guide me regarding the following:a. Does he have a share in his retirement pension?B. Does his one-third, that he mentioned in his will, include one-third of the wealth he left as well as the house or should the house be sold and his assets liquidated then the one-third be taken from the total of his wealth? Bear in mind that the money that he left is not two-thirds; the house is worth more than one-third.C. Is he entitled to a share of the Diyah (blood money)? Is it permissible for me to give up this share, if he does have one?2. A will confirming what the questioner mentioned in reference to the testator. (Part No. 16; Page No. 294) A document issued from the Court of
no. 4/477, dated 20/6/1391 A.H., stamped with the stamp of His Eminence Shaykh
‘Abdul-Rahman ibn Huwaymil,
confirming the validity of the will.
After studying these papers, the committee wrote the following:
As the bequest is confirmed by the aforementioned document, it verifies that the one-third is a one-third of all the possessions. This third includes what he left in terms of money, furniture, and one-third of the house and the Diyah. If the value of the house equals one-third of the property, then the house is the one-third for him, but if the one-third is less, the Wakil (legally accountable person who acts on behalf of another for a specific permissible matter) should see what is best in the interest of the deceased and his heirs. If the one-third is more than the value of the house, the Wakil can dispose of the excess amount according to the welfare of the Waqf. Regarding the retirement issue, you should refer to the Retirement Pension Authority on this matter. It is not permissible for you to give up your brother’s one-third share in the Diyah, as this involves loss to him, and a Wakil has no authority to dispose of it or anything similar to it. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.