Q: Please advise me about
a woman who willed one-third of her property to her nephew to offer Ud-hiyah (sacrificial animal offered by non-pilgrims). The woman died and the one-third from her estate was used to buy a house. The rent from the house is used to pay for the Ud-hiyah, but there is a surplus. Is it Halal (lawful) for the Wakil (legally accountable person who acts on behalf of another for a specific permissible matter) to take the surplus?
Do the brothers of the deceased Waqf (endowment) donor have any right in the surplus? Is it permissible for the Wakil to live in the house in return for the obligation he performs with the Ud-hiyah and other matters?
Having studied the question and the attached will, it is the committee’s opinion that (Part No. 16; Page No. 382) the will of the testator is to be executed, and that an annual amount of the surplus from the house income is to be allocated to maintaining the house whenever this is necessary. The rest is to be used for other charitable purposes, according to the discretion of the Wakil. If the testator has any poor relatives, they are to be given charity out of the surplus. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.