Q: The will of Shuwai`ah bint Husayn ibn Saqan, made under the testimony of two witnesses, states that
she endows her share
which she bought from Jawharah bint Faisal in the property of Sulayman ibn Mubarak which is supervised by Al-Shumai`y. Her sons and their offspring should buy an Ud-hiyah (sacrificial animal offered by non-pilgrims) from the yields of this share to be offered on behalf of her and her parents. When they are needy, there is no harm in them eating from the Ud-hiyah. End of quote. As per the instructions stated by the testator, the yields were divided among the first and second generations. But, those generations passed away leaving children, how are the yields divided among them?
Since the testator mentioned that if anyone among her sons and grandsons is needy, he or she is allowed to eat from the Ud-hiyah, the same applies to the offspring of her grandchildren. The needs of the poor among them should be met, and the rich have no right to take from the yields which, in this case, should be spent in charity. This is what is approved and signed by the testator. (Part No. 16; Page No. 118) May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions!