Q: Nasir ibn Muhammad Al-Quwayfily (may Allah be merciful to him) passed away. Amongst his estate were two shops that he left in his will as Waqfs (endowments) in Al-Kharj city. He said that the income from these two shops is to be spent on two Ud-hiyahs (sacrificial animals offered by non-pilgrims); one on behalf of his parents and his brother Sulayman; the other on the behalf of his wife, his children, and himself; and for someone to perform Hajj on his behalf. The remaining money should be given as Sadaqah (voluntary charity) during Ramadan to any of his children who are needy, and if there are none, then to (Part No. 16; Page No. 397) any of his relatives who are needy. If there are none of these, the Wakil (legally accountable person who acts on behalf of another for a specific permissible matter) has the right to exercise his own discretion regarding the remaining, as mentioned in the attached copy of the will.The question is: The income from these two shops exceeds the cost of Hajj and the two Ud-hiyahs, so what should we do with this surplus and how should it be disposed of? Should it be distributed to the deceased man’s children, the young ones and the adults according to their need or only among the young children? What is the criterion for the need, if it exceeds their need for clothing or food or other lawful expenditure? Should the money in excess of this be saved for them, for their future, as they are considered orphans? If so, should the boys and girls be treated equally in terms of their financial support as there are so many of them, or should the boys have twice that of the girls? Does his widow, the mother of the children, who still takes care of her children, have a share in this will, bearing in mind that she has not remarried so she can continue to look after the children’s best interests?It is worth mentioning here that the deceased’s daughters have waived their inheritance, as shown in the attached copy of the waiver, provided that their father’s debts are settled. Is this valid? Have they lost their right to inheritance and would this affect their right in the will if they were in need? Should the requested Hajj be repeated if there is still enough money or should it only be performed once? Among the estate was a house, built through the Real Estate Development Fund and his young children live there, but they were exempted from this loan. (Part No. 16; Page No. 398) Do the children have the right to inherit this house as the deceased submitted the exemption request in their names? Please advise us to free ourselves from this responsibility. May Allah guide you to what pleases Him!

A: The deceased’s will should be carried out. The surplus should be spent on those of his children who are needy and if there are none, then on those of his relatives who are needy. If there are none, the Wakil should spend it on what they see as charitable activities, such as building Masjids (mosques) or giving Sadaqah (voluntary charity) to the poor, etc. This money should not be saved for those who might need it in the future, instead they should be given what suffices them just for one year, and the remainder should be distributed to others, including the mother of his children, if she is in need and she is the one who looks after them. Hajj should only be performed once and there is no need to repeat it, as he did not state this. As for the ruler forgiving the loan, this is waiving the debt of the deceased, and the house is for all the heirs, unless the state has specified any of them for it. It is permissible for the daughters to waive their inheritance share on condition that their father’s debts are repaid if they are adults and the debts that they made conditional are settled. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.