Bequeathing an amount of the capital then dying: Should the amount be paid from the capital or the one third of the inheritance?


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Q: I would like to inform you that included in the will of our father is that he (may Allah be merciful to him) donated five hundred thousand Riyals to build a Masjid (mosque) in a suitable place. The question is: Should this amount of money be deducted from the estate to execute his will? Please, bear in mind that the will is in the handwriting of His Eminence Shaykh `Abdullah ibn `Abdul-Rahman ibn Jibrin (may Allah safeguard him), a copy of which is attached.


A: The 500,000 Riyals donated by your father to build a Masjid should be deducted from the estate as long as it does not exceed one-third of the total estate - if your father died before it is enforced. However, the amount exceeding one-third may not be deducted unless the heirs of full age approve that it be deducted from their shares. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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