Distributing the remaining amount of the one third's returns and who is most entitled to it

318

Q: My father's will, of which there is a copy attached, stipulates the following: one third of his money is used to buy three Ud-hiyahs (sacrificial animals offered by non-pilgrims) forever, one for himself, one for his mother and one for his father. He also wrote in his will that Hajj should be performed three times, once for himself, once for his mother, and once for his maternal brother. The trustee of this third is his daughter Turfah, and then his nephew Fahd ibn Sa`d ibn Hammad. I am his daughter, the trustee, and my younger brother is fifteen years old. I am married and employed, and my brother is a student.My question is about who has a right to the remaining profit of the third; how is it divided, and whether a man's share is twice a woman's or is it divided equally?

(Part No. 16; Page No. 383) A: If the situation is as you mentioned, that the man wrote in his will that one third of his inheritance is to be used to buy three Ud-hiyahs and perform Hajj three times on behalf of the people mentioned above, and the rest of the profit of the third should be spent in forms of charity, whether to the poor, constructing Masjids (mosques) and so on. If there is a poor person among the heirs, they have priority, as the testator intends to give all the profit of the third in charity, and he has named the three Ud-hiyahs and Hajj three times as previously mentioned. If the Waqf (endowment) needs to be fixed, it has priority over the above-mentioned. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.