Leaving a Will: Treating a Bequeathed Plot as Endowment or Saleable Property
Practical Laws of Islam as per the teachings of Imam Khamenei
Leaving a Will: Treating a Bequeathed Plot as Endowment or Saleable Property
English:
Question #1821:
A person instructed in his will that a plot of land, among his property, should be reserved to pay for hiring someone to perform prayer and fast, which he missed during his lifetime, and in other charitable causes. Is it permissible to sell this land or should it be deemed an endowment?
Answer #1821:
Unless it is known that the testator’s intention was to leave the land as it is and spend the returns, i.e. rather, he wanted the very land to be spent for him, the [provision in the] will should not be construed as that concerning endowment. Accordingly, there is no harm in selling the land and using the proceeds in the avenues he directed provided that the total value does not exceed one-third [of his estate].
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Leaving a Will