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Fatwa CenterImplementing a will
Question
If somebody said in his Wasiyyah or will that 5% percent of his wealth be given to a Masjid, and this person left a business (a grocery store), how should one go about implementing his Wasiyyah? Should we consider the worth of the store after his death and take 5% of that amount or should we take 5% of the profit?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. The Wasiyyah (will) should be carried out just as the dead person had declared it. Allah Says (interpretation of meaning): {Then whoever changes the bequest after hearing it, the sin shall be on those who make the change. Truly, Allâh is All-Hearer, All-Knower.}[2: 181]. If the dead person had made a will that five percent of his belongings should be given to a mosque, then the five percent should be deducted from all the property he left. The grocery shop also belongs to his property, so five percent from the capital and from the profit as well should be deducted according to the will. However, if the related persons perceive that continuing in the investment in the grocery shop is more useful then taking it, then the five percent of the shop is considered as Waqf (endowment) and the five percent of its profit would also be singled out as endowment when the profit is distributed among the inheritors. However, when the concerned authorities want to stop investing in that grocery shop they may take the five percent of it. The supervisor of the endowment has the final word in the matters of endowments. Allah knows best.
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