A trustee disposing of the remaining amount of the returns of the one third and Waqf

Fatwa no. 996 The committee reviewed the documents sent to it, including a request for a Fatwa (legal opinion issued by a qualified Muslim scholar), a copy of a Waqf (endowment) and other documents, and a will. Here is the Fatwa request and a summary of the two documents, followed by the answer."My father (may Allah be merciful to him) died leaving four sons, one of whom is a nine year old minor, four daughters, and two wives, and he left the attached will. He had bought a house and made it a Waqf for Allah’s Sake, and he specified that its income was to be used to buy two sacrificial animals on behalf of his parents and their parents. This was stipulated towards the end of the attached house document. Please give me a Fatwa on the following: (Part No. 16; Page No. 375) Q 1: I have a surplus from the income from the Waqf house, which was dedicated to buy two sacrificial animals for the deceased’s parents and grandparents. The house does not need any repairs. My father also built a Masjid (mosque) in Al-‘Urayja’ and a house for the Imam (the one who leads congregational Prayer), none of which also need any repairs or anything else, as the government took over the responsibility for them after they were built. So what should I do with this surplus? Should I distribute it among the heirs or not? If so, how should I distribute it among them, and are the wives included?Q 2: Is it permissible for one of the heirs to live in this Waqf house, without any pressing necessity? Is it permissible for the young minor son to live in this house, as he has no income other than his share in the inheritance? He wants to live in this house with his mother but some of the other heirs disagree with this. According to the Shari‘ah (Islamic law), are they obliged to let him live in this house against their will?Q 3: My late father bequeathed one-third of his property and there is a surplus income, what should I do with it? Should I distribute it equally among the heirs or give the men twice as much as the women? Can the wives receive a share of the surplus income from the bequeathed one-third? Let me stress that the Waqf house, the Masjid in Al-‘Urayja’, and the Imam’s house do not need any repairs or anything else.Q 4: Are the heirs obligated to let the minor son live in one of the houses from the bequeathed one-third without paying any rent or is their consent necessary? (Part No. 16; Page No. 376) Q 5: Should I give the minor heir his share of the inheritance or what should I do with it? Is it necessary to get a legal guardianship document for him? Should I provide for him from his share of the inheritance or not? Also, is it permissible for me to let someone who is reliable, other than me, act as his guardian?"The Waqf contract states: "Mr. Hamad ibn ‘Abdullah ibn Sayf has made the abovementioned house a Waqf for Allah’s Sake. He stipulated that its income is to be used to buy two sacrificial animals; one on behalf of his father, ‘Abdullah ibn Sulayman ibn Sayf, and his parents, and the other on behalf of his mother, Sarah bint Hamad Al-Shaybany, and her parents. Whatever remains after any repair work that may be needed by the Waqf, is to be paid equally to his needy children, both males and females equally, and their children after them. If they are not in need, it is to be used to repair the house in Al-‘Urayja’ that he created as a Waqf for the Imam of the Masjid. If any money still remains after that, it is to be spent on the Masjid in Al-‘Urayja’. This document was written on 4/3/1390 A.H. and it was witnessed by Shaykh Muhammad ibn Muhayzi‘." As for the will, the text states:"Mr. Hamad ibn ‘Abdullah ibn Sayf bequeaths one-third of his property on his death to be used to buy a house on his behalf, which is to be made a Waqf, with its income being spent on an Ud-hiyah (sacrificial animal offered by non-pilgrims) on behalf of himself and his sister Nurah bint ‘Abdullah ibn Sayf. Anything that remains from the income should be given to (Part No. 16; Page No. 377) his children, if they are in need, and their children and descendents after them. If none of them are in need, the money is to be used for the Waqf house and whatever remains after that is to be spent on repairing the Masjid built by Hamad in Al-‘Urayja’. The executor of this will is his son, `Abdullah, and it is dated 4/3/1390 A.H. And written down by Shaykh Muhammad ibn Muhayzi‘." After the committee had reviewed the Fatwa request and the copies of the two documents, it gave the following answer:

First: The priority is to use the income from the two houses for repairs. Second: The surplus is to be used to offer Ud-hiyah. Third: There should be a regular precautionary fixed amount of the income allocated to address any emergencies that may arise in the bequeathed house, the Waqf house, the Masjid, or the Imam’s house. Fourth: Whatever remains after that is to be given equally to any needy children of the deceased, both males and females, and their children after them, as stated in the will and document. Fifth: If the children are not in need, any surplus money from the Waqf house income is to be spent on repairing the Waqf Imam’s house in Al-‘Urayja’. If anything still remains, it is to be spent on the Masjid in Al-‘Urayja’. Any remaining income from the bequeathed house (Part No. 16; Page No. 378) is to be used to restore the Waqf house and the surplus is to be used to repair the Masjid built by Hamad in Al-‘Urayja’. Sixth: If after offering the Ud-hiyah and allocating the amount specified in the third point; and if the Waqf and bequeathed houses do not need any repairs at that time nor do the Masjid in Al-‘Urayja’ and the Imam’s house; and if the children are not in need of money, the remaining amount of money is to be given to poor relatives, as this is Sadaqah (voluntary charity) and a way of keeping good ties with them. If there are no poor relatives, the money can be spent in other charitable ways. If either of the deceased’s widows is poor, she is to be given Sadaqah from the income, for she is considered among the poor non-relatives. Seventh: If the minor son is wealthy, it is not permissible to give him any of the income of the Waqf or the bequeathed house, but if he is poor, he is to be given what suffices him. Eighth: The minor son’s share from his father’s inheritance should be managed by the legal guardian from his father’s side, if someone was specified. If no guardian has been specified, it should be referred to the religious ruler to appoint someone, and he should also decide how the property is to be managed, how much is going to be spent on the minor, and how much the guardian should be paid for their services. If the guardian faces a problem, they should refer the matter to the religious ruler. (Part No. 16; Page No. 379) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.