Obligation of paying the money given away before death to build a Masjid from the one third of inheritance

Q: My maternal uncle gave me a sum of money to build a Masjid (mosque). However, he died about two months later. I started obtaining building licenses and maps till I have finished all the procedures in this regard - thanks to Allah. Thereafter, some heirs, three of my uncle's sons, demanded back the sum of money their father had given me and demanded that the Masjid would not be built.What is the opinion of Your Eminence: Should I give them back the sum of money or complete the Masjid, bearing in mind that they had known about this sum of money before their father died? May Allah reward you well for benefiting us and all Muslims!


A: The sum of money you received from your uncle to build a Masjid, before your uncle died, is to be taken as long as it is less than one-third of the estate. However, if it exceeds one-third, it may not be taken unless the heirs of full age approve that it be taken out of their shares. (Part No. 16; Page No. 332) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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