(Part No. 16; Page No. 372)
All praise be to Allah Alone, and peace and blessings be upon the last Prophet.The Permanent Committee for Scholarly Research and Ifta' has read the letter that was sent to His Eminence the President by
Muhammad ibn Nasir ibn `Abdul-Karim
through His Eminence the Judge of the Court of
The concerned letter was transferred to the Committee by the Secretariat-General for the Council of Senior Scholars under Number 1426, dated 17/05/1412 A. H. The question is included in the letter of the Judge. It reads as follows: Attached to this letter is a photo copy of the will of
Nasir ibn Muhammad ibn `Abdul-Karim
(may Allah be merciful to him) whose son Muhammad asked us about the validity of what his father mentioned that half of the third of his father's estate is to be for him (Muhammad) and the other half is to be spent on offering sacrifices in his (father's) behalf and in behalf of his parents. Is this considered valid bearing in mind that the inheritors agreed to it? Besides, the questioner said that the whole third has become a small sum that can not be invested and spent on buying real property whose revenue can be used for implementing the will. Moreover, the questioner asks whether such sum can be donated to a Masjid (mosque)? It is noteworthy that many people ask about such an issue especially that bequests are subjected to carelessness and loss particularly after the death of the legatee. We hope that Your Eminence could provide us with your beneficial answer regarding the concerned matter. (Part No. 16; Page No. 373) The Committee has also read the will that reads:
Nasir ibn Muhammad ibn `Abdul-Karim
stated - while he was of sound mind and body - that he granted his son Muhammad half of one third of his estate and that the other half was to be for himself and his parents to be spent on offering sacrifices in their behalf. I entrusted my above mentioned son i.e. Muhammad to distribute the concerned sacrifices. Moreover, my son Muhammad is free to spend whatever remains after paying for the sacrifices mentioned above in the way he likes. I do not allow any one of the other inheritors or any body else to oppose my mentioned son regarding the one third; either the whole of it or the sacrifices. This was witnessed by
`Abdul-`Aziz ibn Sulayman ibn Nuh
Muhammad Al-`Abdullah Al-`Abd Al-Karim.
It was witnessed and written in the presence of
Hamad ibn Nasir ibn Dawy.
The reason why Nasir granted half of the third to his son is what Nasir mentions that his son Muhammad wanted to travel to earn his livelihood but Nasir preferred that his son would be with him to look after his business.
Thus Nasir grants Muhammad half of one third of his estate against the latter's work.
This is the grant that Nasir gives to his son. The foregoing was witnessed by the witnesses who are mentioned above and may peace be upon Prophet Muhammad.
A: Firstly: Granting Nasir of half of one third of his estate to his son Muhammad - i.e. one sixth for looking after his father's business during his lifetime - is considered a fee. The forgoing is permissible especially that the inheritors agreed to it. (Part No. 16; Page No. 374) Secondly: The Waqf (endowment), which is one sixth of the estate, has to be spent on what it was made for. Its supervisor has to develop it even though it is of little value. In case that it is not enough for offering a sacrifice every year, it can be used for offering a sacrifice every other year. It can not be spent on a Masjid because this is not specified by the endower. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.