Can we allocate the money bequeathed for charity to heirs
Question
I am writing to you in regards to my father's WILL, it was made 12 years back and a "up to" 33% charity part has been put in the will.
My older brother who is the executor of the WILL would like 3 mufti fatwa's to bring down the charity to much lower percentage as all beneficiaries are in more need. We have already obtained one fatwa from Mufti Barkutullah of London that this is acceptable after he has examined the will and understood that the siblings are in greater need of charity.
Your contact details were recommended by a close family member I would be grateful if you can examine the will and provide a stamped approval for the charity to be brought down to an agreeable amount by the siblings
Please find attached my fathers will [1], if you want I can send you Mufti Barakatullah's fatawa.
Answer
I am writing to you in regards to my father's WILL, it was made 12 years back and a "up to" 33% charity part has been put in the will.
My older brother who is the executor of the WILL would like 3 mufti fatwa's to bring down the charity to much lower percentage as all beneficiaries are in more need. We have already obtained one fatwa from Mufti Barkutullah of London that this is acceptable after he has examined the will and understood that the siblings are in greater need of charity.
Your contact details were recommended by a close family member I would be grateful if you can examine the will and provide a stamped approval for the charity to be brought down to an agreeable amount by the siblings
Please find attached my fathers will [1], if you want I can send you Mufti Barakatullah's fatawa.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/46713
Fatawa SA: https://fatawa.co.za/fatwa/askimam-46713
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