My father died and left property to his heirs, except for one house which he said was to made a waqf for the sake of Allaah, and its income was to be spent on the poor and needy (as an ongoing charity). But the heirs did not follow the instructions left in his will and they sold their shares to the youngest brother. I am the oldest brother and I did not sell my share out of fear of Allaah. But my young brother is putting a lot pf pressure on me and he wants me to sell my share as well. Is it permissible for me to get rid of this problem by selling my share and donating the money to a charitable cause or building a mosque (as an ongoing charity) for my father?.
Praise be to Allaah.
Making a will is prescribed according to the Qur’aan and
Sunnah, and scholarly consensus. Allaah says (interpretation of the
meaning):
“It is prescribed for you, when death approaches any of
you, if he leaves wealth, that he makes a bequest to parents and next of
kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon
(the pious)”
[al-Baqarah 2:180]
And the Prophet
(peace and blessings of Allaah be upon him) said: “Allaah has given you
authority over the disposal of one-third of your wealth, at the time of your
death, so that you may able to add to the record of your good deeds.”
Narrated by Ibn Maajah 2709; classed as hasan by al-Albaani in Saheeh Ibn
Maajah.
A waqf (Islamic endowment) is a kind of ongoing charity from
which the donor may benefit after his death, as the Prophet (peace and
blessings of Allaah be upon him) stated when he said: “When a man dies, all
his good deeds come to an end except three: ongoing charity, beneficial
knowledge, and a righteous son who will pray for him.” Narrated by Muslim,
1631.
It is not permissible to bequeath more than one-third of
one’s wealth, because the Prophet (peace and blessings of Allaah be
upon him) said to Sa’d ibn Abi Waqqaas (may Allaah be pleased with him) when
he wanted to bequeath all of his wealth: “One-third, and one-third is a
lot.” Narrated by al-Bukhaari, 2742; Muslim, 1628.
If this house is equivalent to one-third of the estate or
less, then all of it is a waqf. If it is more than one-third, then the part
of it that is a waqf is whatever is equivalent to one-third of the estate.
Secondly:
It is not permissible to sell a waqf, or to take possession
of it or seize it. It is not permissible for the heirs to include it with
the rest of the estate and share it out.
According to the hadeeth of ‘Umar ibn al-Khattaab (may Allaah
be pleased with him), when he wanted to give some land in Khaybar as a waqf,
the Prophet (peace and blessings of Allaah be upon him) said to him:
“It is not to be sold, given as a gift or inherited…” Narrated by
al-Bukhaari, 2764; Muslim, 1633.
Based on this, it is not permissible for you to agree to your
brother’s demand to sell to him; rather this house is not your property that
you can sell. Now you are standing in their way, so do not give in to them.
Carry on refusing, and may Allaah guide them.
Your brother’s selling it before is an invalid transaction.
You have to advise them to fear Allaah and advise your
youngest brother to give the money back, and make it a waqf as instructed by
your father.
Scare them with the punishment of Allaah and the punishment
for consuming forbidden wealth, for every body that is nourished from haraam
earnings, the Fire is more fitting for it.
We ask Allaah to guide you and help you to do that which is
best for you in this world and in the Hereafter.
And Allaah knows best.
