Darul Ifta Ibn Masood

Conditional Wasiyyah

· 5 Jumada I 1443 AH1 min readEnglish

Question

A person made a Wasiyyah (before his demise) that an x amount of money must be allocated to his grandchildren’s education, with the proviso that they are studying. If they had completed their studies, then what should be done with the funds?

Answer

The Fuqaha have written that it is permissible for the testator to attach a condition to the Wasiyyah, hence a conditional Wasiyyah is valid. Now, if the grandchildren are studying, then the bequeathed funds should be utilized for their education.

However, if they have completed their studies and no longer require the funds for their education, then they should be given ownership of their respective funds and they will then be at liberty to utilize the funds as they wish.

This ruling is based on the following Mas’ala that has been recorded under the chapter of Wasiyyah; A man tells another, these Daraahim are for you on condition that you perform Hajj with them in the path of Allah, or he said, this animal is for you on condition that you make Jihaad upon it in the path of Allah. It will be for the donee and he is free to do with it as he wishes.

References (Arabic / Urdu sources)

رجل قال لاخر : هذه الدراهم لك علي ان تحج بها في سبيل الله او قال هذه الدابة لك علي ان تغزوعليها في سبيل الله قال : هي له يصنع بها ما شاء (المحيط البرهاني ص449 ج22)

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/14928-2/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-14928

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