Praise be to Allah alone. Peace and blessings be upon the one after whom there is no prophet (Prophet Muhammad).The Permanent Committee for Scholarly Research and Ifta' has reviewed the query sent to His Eminence the Chairman of the Departments of Scholarly Research, Ifta', Da`wah and Guidance by `Abdul-`Aziz ibn `Awad. The query was referred to the Committee by the General Secretariat of the Council of Senior Scholars on 8/10/1394 A.H. with no. (Part No. 16; Page No. 312) 1479/2. The Committee also reviewed the appendix referred under no. 15644/2 and the two copies of the attached two documents.Having studied the query and the two documents, the Committee found that:1- The will of Muhammad ibn Ibrahim ibn 'Awad states that he bequeathed up to one third of his wealth to be used for covering the cost of an obligatory Hajj and for purchasing an Ud-hiyah (sacrificial animal offered by non-pilgrims) to be offered continuously on his behalf. The will which is made on 23rd of Shawal, 1315 AH is attested to by `Abdul Rahman ibn `Abdullah ibn Muqhim, `Abdullah ibn Badi`a and the Notary Public `Abdullah ibn `Aly ibn Muqhim.2- The document states the following:In the name of Allah, the most Gracious, the most Merciful, this is for the trustees to know that upon dividing the estate, the inheritors of Muhammad ibn Ibrahim ibn `Awad (his mother, sister and his cousin Muhammad ibn 'Abdul-'Aziz) decided that third of the property dedicated by Muhammad for the said purposes should be defined as a piece of land cultivated with tamarisk trees in Al-Shu'aibah District. The Waqf land whose yields are used for covering the cost of Hajj and for purchasing an Ud-hiyah is shared by the mother and the sister. They did not divide the estate of the father Ibrahim until after Muhammad died. Therefore, the land itself and its trees represent the Waqf devoted by Muhammad to the said purposes.This document is attested to by Muhammad ibn Salim and the humble servant of Allah the Notary Public Muhammad ibn 'Abdul-'Aziz Al-Hilaly. May Allah's peace and blessings be upon Prophet Muhammad, his Family and Companions! 8b / 1326 stamped by the Notary Public. (Part No. 16; Page No. 313) In the name of Allah, the most Gracious, the most Merciful, the two said witnesses attested that the inheritors of Muhammad ibn Ibrahim ibn `Awad agreed on defining the said land as the third that is assigned by the said person. Moreover, Muhammad ibn 'Abdul-'Aziz ibn `Awad affirmed and approved this. Hence, the said land whose yields are used for the specified purposes assigned by the endower represents the permanent Waqf. This is stated and stamped by the Notary Public Ibrahim ibn `Abdul-Latif 22/b/1326.3- The query is as follows:As shown in the attached copy of the document, Muhammad ibn Ibrahim ibn 'Awad made a will that the third of his property should be used for covering the costs of Hajj and purchasing an Ud-hiyah permanently. After his death, the estate is to be divided among the inheritors; namely his mother, his sister and his cousin. The said land which is located in Al-Shu'aibah represents the share of the will. However, after dividing the estate of Muhammad ibn Ibrahim ibn 'Awad and deducting the third assigned in the will, we discovered that this person is entitled to another inheritance from his great grandfather.
We hope that you will help determine whether one-third of the entitlements received from the great grandfather's inheritance should be added to the will, or the third of the estate should be applied only to the property specified at the time of making the will.
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Having studied the two documents and the query, the Committee replied as follows:
If the case is as you have mentioned, the third of any additional property shown to be an entitlement of the inheritance from the great grandfather should be included in the will. The testate is entitled to this property until he dies. (Part No. 16; Page No. 314) Despite the fact that he did not know of the property left as inheritance from the great grandfather, the will is still effective. The due third of wealth should include the said land plus the third of the recent property. As for the heirs, they must be given their entitlements prescribed by Shari`ah after deducting the third of this recently discovered property. May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!