Leaving a Will: Selling the One-Third Set Aside in a Will for Designated Causes

Practical Laws of Islam as per the teachings of Imam Khamenei

Leaving a Will: Selling the One-Third Set Aside in a Will for Designated Causes

English:

Question #1837:

In his will, my father has appointed me as the executor. After the estate was divided, one third of it was put aside. Is it permissible for me to sell it to be spent in the avenues he named?

Answer #1837:

If he had directed that one third of this estate should be spent in the avenues he so described, there is no objection to selling the share, having taken it out of the entire estate, and using it in the avenues described in the will. However, if the instruction was specifically confined to the disposal of the returns of the share of one-third, it is not permissible to sell the property itself, even for spending the proceeds in the avenues stipulated in the will.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will