Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear Brother Burhan:

Salaam alaikum

Prior to her death, a widow had asked her children to bequeath her wealth to a masjid (built by her late husband). Now after she has passed away, is it permissible for her children to endow her savings or do only 1/3 of it and share the rest amongst themselves. Another option could be to separate 1/3 first, share the rest amongst themselves and then each of them make an endowment to the masjid. Please advise. 

 

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Answer:

 

Will of deceased third

In the name of Allah,fd We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: ….Prior to her death, a widow had asked her children to bequeath her wealth to a masjid (built by her late husband). Now after she has passed away, is it permissible for her children to endow her savings or do only 1/3 of it and share the rest amongst themselves.

Malik related from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah (saws) came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'O Messenger of Allah (saws), you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as ‘sadaqa’?' The Messenger of Allah (saws) said, 'No.' I asked 'Half?' He (saws) said, 'No.' Then the Messenger of Allah (saws) said, 'A third, and a third is a lot.’”

 

Shariah Law dictates that the absolute maximum one is permitted to bequeath of one’s wealth in a will to be distributed to someone or something after one’s death is one-third.

 

Even if a believer bequeaths all of one’s wealth to be given to charity after their death, Shariah Law would restrict their will and allow only a third to be given to the charity, and the balance two-thirds will be distributed amongst their legal heirs according to their prescribed shares in Shariah.

 

Your Question: Another option could be to separate 1/3 first, share the rest amongst themselves and then each of them make an endowment to the masjid.

If the legal heirs, of their own free will, wish to part with all or some of their share of inheritance towards the charity or masjid as a sadaqah from themselves, they are well within their rights to do so.  

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan