Q: We are two sisters who wish to bequeath one-third of our property in such charity which benefits a deceased. Both of us will pay one-third equally. Our mother - May Allah be merciful to her - bequeathed one third of her property in such charity which benefits a deceased. Since we are her only daughters, we wish to bequeath one-third of our property too. We want to ask the scholars whether there is any harm (Part No. 16; Page No. 291) if each of us bequeaths one third of her property and purchases a building with fixed revenue that is spent on what benefits the deceased. Indeed, we have given one-third of our property which was equal to the one third of our mother - May Allah be merciful to her. We have bought a house with revenue for the benefit of our mother and for our benefit and this is stated in the copy of the will attached to this letter. Later on, we came to know that it is not permissible to give the one third as long as we are still alive because what was given in charity will be a part of the inheritance and it is the duty of the heirs and the agent to give one third later (after death). Likewise, the money (of the one third) is still the same without any increase or decrease. Our question now is: Is the one third considered a part of the inheritance? Is it obligatory that the inheritors or the agent
give one third
again after death?Could you kindly advise us in this regard. May Allah reward you best!
The will of the deceased should be executed as it is. As for the one third which you bequeathed from your money, it will be an on-going charity for you which is a valid donation. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.