Is it permissible for a father to dedicate one-third of his estate (a house) to one of his sons for the purpose of offering sacrifices from it, while the remaining income from the house stays with this son to the exclusion of the other heirs, and is this considered an injustice to the rest of the heirs, and what is the right of the heirs to object to this dedication?
If a father wishes to dedicate his house as an endowment (waqf) for sacrificial animals (adhaahi) after his death, this is a will (wasiyah) that is only valid up to one-third of the estate, unless the adult, mature heirs approve of an increase beyond that. If the value of the house is within or less than one-third of the estate, he is permitted to bequeath it as an endowment, and there can be no objection. However, if it exceeds one-third, it is not valid unless the heirs approve it.
In the event that the will is valid, the brother is not permitted to take anything from the income of the house for himself, except for the customary agency fee. He is also not permitted to sell the house. Rather, he must adhere to the conditions set by the endower regarding the expenditure of the income for sacrificial animals.
However, if the father wishes to endow the house after his death for both sacrificial animals and for the brother, its value must be within or less than one-third of the estate, and the rest of the heirs must approve it; because "there is no will for an heir unless the heirs approve." If the heirs do not approve, then it is not permissible for the brother to exclusively benefit from any part of the endowment. If the heirs approve the endowment, then the brother is not permitted to sell the endowed house.
Matters of inheritance are extremely serious and complex, and a mere is insufficient. Rather, it must be brought before the courts for review and investigation to safeguard the interests of both the living and the deceased.
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