Stipulating a condition in a bequest

Q: Can any condition be stipulated on inheritance from Wassiyah i.e. if a portion of a Home is given to a sister, can it be stated or requested that the sister then leaves the house (portion) to charity on her passing away, without it having any benefit to her potential inheritors?


الجدواب حامدا ومصليا ومسلما ومنه الصدق والصواب


A: No such condition can be stipulated in a bequest where a property or a portion thereof is bequeathed to a legatee. Once the bequest is complete through acceptance by the legatee further to the death of the legator, the legatee is at liberty to do as he/she pleases. However, if only the usufruct is bequeathed, then the use of the legatee can be restricted to his/her lifetime provided the property is within the discretionary one third. However, the property itself will belong to the heirs who will receive it after the death of the legatee. If the property exceeds the discretionary one third the legatee will share use of the property with the heirs on a pro rata basis. The way to achieve the desired intention is dedicate the property as waqf with the sister as the first beneficiary. After the demise of the sister, the next beneficiaries could be designated the poor or a charitable cause and ultimately to the poor.



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