Verbal Wasiyyat

The statement of the deceased to several people that once he passes away a certain property must be made Waqf will fall under the category of Wassiyat. Although it is not written in the Will of the deceased, various people were aware of the Wasiyyat of the deceased thus the heirs should fulfill the Wasiyyat of the deceased. His statement that “he will use the rent from the property until he lives but once he passes away it is Waqf” affirms his resolve and commitment of the Wasiyyat, that his property must be given in Waqf after his demise.

However, this type of Waqf which is suspended for after demise, will fall under the ambit of Wasiyyat, which means that it must not exceed one-third the value of his estate. According to the particulars furnished by you, the property is within the limit of one-third, thus the entire property will be given as Waqf, provided of course that the deceased had designated and stipulated a perpetual end-beneficiary to whom it should be given, such as a Madrasah, Masjid, the poor and destitute, etc.