Fulfilling the will from the entire estate after repaying debts

Q: My father died (may Allah be merciful to him) and he wanted one-third of the estate he left to be given in charity on his behalf. Should I give one-third of the money that he left or one-third of all his property, including his money, sheep, and farm lands? After calculating the bequeathed one-third, on what should it be spent? When my father died he owed 8,500 Riyals, should I settle his debt before or after giving the one-third in charity? My father made his brother as the executor of the bequeathed one-third of his property, as he was the oldest, but he does not want to take this responsibility. (Part No. 16; Page No. 299) Do I have the right to be responsible for it or should I leave it for his older brother to take care of? Is it permissible for me to trade with the bequeathed one-third to increase it? Please answer me.

A: Firstly: After repaying his debt, it is obligatory that you should execute your father’s will by giving one-third of his total property to charity, including the money, sheep, and land, and not just one-third of his money. Secondly: You should spend the income from the bequeathed property and its profit as your father specified, on charity. If he did not specify anything in particular, the executor can spend it on what they see are the best charitable ways, such as on the poor or on building Masjids (mosques). Thirdly: If your paternal uncle agrees to be the executor for the bequeathed one-third of the estate, all praise be to Allah. Otherwise, the local magistrate will be responsible for appointing the best executor from among the deceased’s children or others. Fourthly: Trading in and investing a bequest can be carried out by the appointed executor, according to the way they see as best to protect and increase it, whether the executor is your late father’s brother or another person. (Part No. 16; Page No. 300) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.