Q: I do not have cash on hand, but I wish and request my heirs and executors of my estate to continue with my donations and qurbaanies after my demise.
Presently I receive income from different sources. Some quarterly/ some bi- annually/ some annually.
The main income will begin after my demise. I will Insha Allah receive a monthly income for the next ten years (i.e. 120 months).
I make a bequest of just ten percent of my gross income to charities and qurbaanies etc.
After my demise, whenever any money is received, ten percent is to be separated and accumulated and then distributed, mainly in Ramadhaan, Eidul Adha, and whenever funds permit (mainly to building projects/extensions/renovations etc. of mosques/madressas etc. Surplus funds can also be distributed to needy family members, religious institutes etc. as per executors discretion. Is this okay?
A: Making a bequest is permissible and valid on condition that the bequest is from one third of the wealth (or less than one third) which one possesses at the time when one passes away. Hence, this wealth can be spent for the specified purposes (i.e. spending the wealth in charity upon the poor, or building masjids, madrasahs, or carrying out qurbaani, etc.) on behalf of the deceased.
However, making a bequest that a portion of the profits that accrue from one's investment after one's demise, should continuously be given in charity to the poor, or used for building masjids, madrasahs, and for carrying out qurbaani, etc., is not valid, as one does not own this wealth at the time of passing away. Hence, this type of bequest is not valid.
And Allah Ta'ala (الله تعالى) knows best.
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