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Endowments to Those Who Have Not Yet Come of Age and Including the Endowment in the Third of its Donor
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Question:
My father died - may Allah have mercy on him – and I found among his papers a will which specifies that he bequeathed a sum to one of his daughters, but she had died no older than thirteen. Is an endowment to one who has not come of age correct? And if it is correct, is it permissible to prefer her over her brothers who were present at the time of the endowment? And if you confirm the correctness of the endowment, is it included in the third of my father, or is it made separate?
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Answer:
Having examined the will, it was found that the bequest mentioned by the person requesting a ruling from his father to his daughter is correct. And having studied the question and the will, the Committee has found nothing that would necessitate its invalidation, and this sum should be separate, not included in the third of her father, as mentioned by the questioner. Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
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Permanent Committee for Research and Verdicts
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Fatawa Islamiyah, volume 5 / page 44-45
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Other subjects of interest:
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