Question
A person makes Wasiyyat that a certain percent of his wealth is for his grandchildren. However he attaches a condition that it should be used for their education.
If the grandchildren have completed their studie, how should the Wasiyyat be fulfilled?
Answer
The Fuqaha have written that it is permissible for the testator to attach a condition to the Wasiyyat, hence a conditional Wasiyyat is valid. Now, if the grandchildren are studying then the bequeathed funds should be utilized for their education.
However, if they have completed their studies and no longer require the funds for their education then they should be given ownership of their respective funds and they will then be at liberty to utilize the funds as they wish.
This ruling is based on the following Mas’ala that has been recorded under the chapter of Wasiyyah;
A man tells another, these Daraahim are for you on condition that you perform Hajj with them in the path of Allah, or he said, this animal is for you on condition that you make Jihaad upon it in the path of Allah. It will be for the donee and he is free to do with it as he wishes.
رجل قال لاخر : هذه الدراهم لك علي ان تحج بها في سبيل الله او قال هذه الدابة لك علي ان تغزو عليها في سبيل الله قال : هي له يصنع بها ما شاء (المحيط البرهاني ص449 ج22)
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.