How is the one-fifth allocated for charitable deeds calculated from the estate of the deceased who stipulated that his lands and properties not be sold for five years, after which their proceeds are to be divided so that one-fifth of the proceeds goes to charitable deeds and four-fifths to the heirs, with the principal remaining with the heirs after five years? And is one-third of the estate to be withheld and one-fifth of the proceeds of that one-third disbursed, or is the one-fifth to be estimated from the entire estate?
The deceased's inheritance is divided among his children by way of ta'sib (agnatic inheritance), with the male receiving the share of two females. Thus, it is divided into eight shares (the son receives two shares, and the daughter receives one share). A bequest of usufruct is permissible and there is no harm in it. For its validity, it is stipulated that the asset from which the usufruct is derived must be from one-third of the estate. If it exceeds that, and all adult heirs approve it, then it is enforceable. There are methods for valuing usufruct, including valuing the property with full usufruct and without usufruct, and considering the difference as part of the one-third, or valuing the usufruct itself according to its duration. It is advisable to consult scholars directly or present the matter to the competent authorities in matters of inheritance and bequests.
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