The income of the one third portion of the estate should be distributed among the sons, after carrying out the testator's will

420

Q: My father, Sa`d ibn `Abdul `Aziz Al-Dayil died and left behind ten children; six sons and four daughters born to three wives. He bequeathed a shop located in the city of Riyadh, Hullat-ul-Qusman at the main market. The shop gives an income of more than eighty thousand Riyals, which exceeds one third of the total estate of our father. The will our father had made includes offering Ud-hiyah (sacrificial animal offered by non-pilgrims) and performing Hajj once on his behalf. We are in bad need of the remainder as we have not yet married and are heavily indebted. Moreover, the shares of inheritance we are entitled to receive fall short of meeting our basic needs. We have issued a deed that proves our need.

A: After the committee closely studied the question and looked into the deed of the will and the deed that proves the want of the sons of Sa`d ibn Dayil, the following fatwa was issued: based on the proven need of the sons, the income of the one third portion of the estate should be distributed to them, having carried out the testator's will. If any of the inheritors dispenses with his right, he will be entitled to nothing of the income. If all the inheritors dispense with their rights, the income should be distributed in charitable ways of disposition in the way the guardians deem fit. (Part No. 16; Page No. 390) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.