Q: A man died and left behind two sons and five daughters. He bequeathed that his executor (his elder son) shall donate one-third of his property as an on-going charity; is it permissible or not? Some of the inheritors say that this is a plot to deprive the girls of taking their right. How should he spend the one third and is the will valid?Could you kindly advise us in this regard. May Allah reward you best!

A: It is permissible for a person to bequeath one-third of his property before death as charity. (Part No. 16; Page No. 346) It is reported on the authority of Sa`d ibn Abu Waqqas (may Allah be pleased with him) that he said to the Prophet (peace be upon him): Shall I give all my money as sadaqah (charity)? He (peace be upon him) said: No. Sa`d said: Half? He (peace be upon him) said: No. Sa`d said: A third? He (peace be upon him) said: A third, and a third is a lot. Agreed upon by Al-Bukhari and Muslim. The executor (the elder son) is the supervisor over the bequest and he will spend its revenue according to the will of the testator as charity on behalf of the deceased. If he bequeaths one third to the elder son, it will not be permissible because of the Prophet's saying: No bequest must be made to an heir. Then, all the money should be given back to the heirs to be distributed according to the legal way of inheritance except if the inheritors approve this will if they are adults. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.