Q: My father (may Allah be merciful to him) bequeathed that one-third of his wealth be spent on five Ud-hiyahs (sacrificial animals offered by non-pilgrims), and that the remainder of the third be spent on repairing the real estate. We bought a building out of the one-third that yields good revenue exceeding the price of Ud-hiyahs. We, thus, want to spend the remainder of the third on charitable purposes such as building a Masjid (mosque) or the like. In this regard, one scholar, whose fatwa we sought, advised us to buy a building and then spend its revenue on charitable purposes if approved of by heirs. Otherwise, it should be distributed among heirs each receiving their Shar`y (Islamic legal) share of inheritance. Please, bear in mind that the heirs approve that the remainder be spent on charitable purposes. Please, examine a copy of the bequest mentioned above dated 7/5/1384 A.H. authenticated by the Chief Justice of the Court of Al-Mujamma`ah, Shaykh `Aly Al-Rumy on 16/1/1387. The following is an outline of its provisions: He bequeathed that one-third of his wealth in the future be spent on five Ud-hiyahs permanently; one on behalf of himself, another on behalf of his father `Abdul-`Aziz, a third on behalf of his mother Hassah bint `Abdullah Al-Fakhiry, the fourth on behalf of his uncle Muhammad ibn `Abdullah Al-Tuwijiry and the fifth on behalf of his wife Haya' bint `Abdul-Muhsin (Part No. 16; Page No. 391) Al-Rabi`ah. The remainder of the revenue of the third referred to above, after the Ud-hiyahs mentioned above, is to be used for repairing the third.