Spending the rest of the returns on charity after fixing the one third

Q: One of my relatives who was called Muhammad ibn Abdullah Al-Hadlaq died and left behind three daughters and a wife. The deceased had bequeathed one third of his property to be spent on offering Ud-hiyah (sacrificial animal offered by non-pilgrims) and certain charitable deeds. However, the revenue of this third exceeds the expenses needed for the deeds mentioned in the bequest.I would like to ask Your Eminence if his daughters and their mother have any right to the revenue of this third. Moreover, two of the daughters are married and the third one is divorced and lives with her mother for free in a house owned by all of them. The married daughters are supported by their husbands with regard to residence, food and clothes, but they may be in need for other things due to worldly requirements. We would like to know the ruling on this issue. (Part No. 16; Page No. 394) What percentage would be given to the daughters and their mother if they have the right to receive anything from the revenue?


A: After maintaining and repairing the third of the property from its revenue, you must carry out the bequest of the testator with regard to Ud-hiyah. If anything remains from the revenue, it has to be spent on charitable deeds on behalf of the deceased and his parents. Nothing of this revenue can be distributed as inheritance. Those who are rich from among the heirs should not receive anything from the revenue of this third, but those who are poor may receive sustenance from this revenue due to their need and poverty. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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