Leaving a will to dedicate the house as Waqf then bequeathing one third of his property
Q: My father `Abdul-`Aziz ibn Muhammad ibn Mas`ud Al-Qurashy died (may Allah be merciful to him)
after making an undated will
in which he stated that the house located in
which he acquired from Muhammad ibn Mutliq, is dedicated as Waqf (endowment). The revenue of this house will be used for offering two Ud-hiyahs (sacrificial animals offered by non-pilgrims); one for him and his parents, and the other for his two brothers `Abdullah and Sa`d, the sons of Muhammad Sa`ud Al-Qurashy. However, this will was undated. (Part No. 16; Page No. 277) My father also bequeathed that one-third of his property should be dedicated as Waqf in a house and a shop. Their revenue would be used for offering an Ud-hiyah for him, his parents, and his brothers Sa`ud and `Abdullah. This will was written on 17/11/1390 AH, and attached are copies of the two wills.
A: After studying the matter and reviewing the two wills, the Committee answered:
The will that should be executed is the one written on 17/11/1390 AH, and bequeathing the third of the property as Waqf. The house specified in the undated will should be included in the third of the property. If its value is equivalent to one-third of the property, then all of it is Waqf. If it is less than one-third, then money is to be taken from the inheritance so that the value would reach the one-third dedicated as Waqf. If its value is more than the one-third and the competent inheritors do not object to this, the whole house is to be regarded as equivalent to the third of the property. If they object, then the part of it that is a Waqf is whatever is equivalent to one-third of the property and the rest should be distributed among the inheritors. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.