Islamic Verdicts - Volume V

The Book of Al-Wasaya (Wills and Testaments)

The Will Must be Implemented in Accordance With the Bequest of the Testator According to the Limits of the Third

Q: A man says: "The property of my father was divided between my sisters in the year 1373 A.H. and the share of each one of them came to seven Qirats (Qirat: A measure or share). One of them took it upon herself to vow her aforementioned share to my sons, although she had made a bequest which was for two cows whose meat was to be distributed among the poor and needy after her death. And she repeated this vow and this bequest many times. Then in the year 1394 A.H. she went to the Mercy of Allah. I request your advice regarding this vow and this bequest."

A: As regards her vowing, her share of the inheritance from her father to your sons, you may have confirmed this by the Judge in the town where the property lies.

As for the bequest which she made for the slaughter of two cows, their meat to be distributed among the poor and needy after her death; since she has died, her bequest must be implemented in accordance with her wishes — as mentioned in the question — if they are confirmed by lawful evidence and the value of the two cows does not exceed one third of her estate. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

The Permanent Committee

The Will Was Lost After the Death of the Testator, Then it Was Found Again After the Inheritance Had Been Distributed

Q: A person says: "My father became ill in the year 1391 AH. and on the 29th of Thul Qa'dah in that year, he bequeathed a third of his property as an endowment and he made me the executor, fearful that his illness might be terminal. But by the Power of Allah, Most Glorified, Most High, he lived for four years after Allah cured him of this illness. Allah, Most Glorified, Most High took him in the year 1395 AH., and I — after the writing of the will in which my father made me responsible for the (aforementioned) third and after Allah had cured him — thought that the will was invalidated and when we searched for it, we did not find it. After we had become tired of looking and searching for it in vain, we disregarded the matter because the testator was alive, still being sustained (by Allah) and in good health. But Allah ordained that death come to him after an illness on the 2nd of Thul Qa'dah 1395 AH. He died without leaving a will — may Allah have mercy on him. The property which he left amounts to thirty two thousand, one hundred and forty eight (32,148) Riyals. The distribution of the inheritance was completed among the heirs — two wives, two daughters and four sons — and nothing remained of the money after all the heirs had taken their share. Then on the 10th of Jumada Ath-Thani 1396 AH., we found the will document which had been written in the year 1391 AH., during his first illness, and in which he made me the executor of a third of his property. We are now at a loss regarding this matter; the property has been distributed and we do not know what to do, and we fear that we have sinned. Bearing in mind that the deceased was blessed with righteous children whose intention is to show obedience to their parents, what is the ruling?"

A: If the matter is as stated, then the equivalent of a third of the estate must be recovered from the money which the heirs received, which comes to ten thousand, seven hundred and sixteen Riyals. A third of each one's share must be taken from him, and the resulting total is one third of the deceased's estate. This is to be entrusted to the legal executor of the estate, who must implement (its distribution) in accordance with his legal bequest, if it is confirmed by evidence, or the affirmation of the heirs. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

The Permanent Committee

The Ruling on Money Which Has Been Bequeathed For An Innovation

Q: A person says: "I have heard some students of (religious) knowledge in the Sacred City of Al-Madinah saying that hiring a person to recite the Qur'an with the intention of (benefitting) the deceased is not legislated. Since this is widespread in some countries, what should be done with the money which was left for reading the Qur'an with the intention of (benefitting) the deceased.

A: Hiring someone to recite the Qur'an with the intention of (benefitting) the deceased, in accordance with a bequest which he has made, is one of those innovated matters. It is not permissible to do this, nor is it correct, according to the words of the Prophet (Salallahou 'aleyhi wa salam): "Whoever performed a deed which is not from this matter (i.e., religion) of ours, will have it rejected" (Al-Bukhari no. 2697 and Muslim no. 1718).

As for the money which the deceased bequeathed to hire a reciter, with the intention of (benefitting) the deceased, it should be spent on charitable deeds. If he has poor descendants, he may give enough charity to them to cover their needs. Likewise, whoever needs help among those who are learning the Qur'an and the students of Islamic knowledge, they have more right to help from this money, and similarly with the other types of good works. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

The Permanent Committee