How should the third (one-third) of an estate bequeathed for general acts of piety be distributed?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When a testator bequeaths one-third of their estate for general acts of piety (abwab al-birr), the bequest is permissible to be divided into different categories of good deeds, such as Jihad, charity to relatives, and Hajj. However, this categorization is not mandatory or restrictive. The bequest must be applied to all forms of righteousness in general because the language used by the testator is general, and restricting generality without evidence is impermissible. Distribution may prioritize needs such as ransoming captives, repairing roads, freeing slaves, paying debts, or relieving distress, as these may be more necessary than sending someone for Hajj who is not obligated to perform it. If the testator states, 'Place my third where God shows you,' the executor has the discretion to spend it in any act of closeness to God they deem appropriate, following the directive of the bequest.
Supporting text
It is narrated that Ahmad specified distribution to the poor and needy, preferably starting with poor relatives, then to foster relatives (mahārim) through suckling kinship, and failing that, to neighbors. The Shafi'is agree, asserting that this maximizes the benefit, but this opinion is countered by the argument that the testator may see other expenditures as more important and beneficial, rendering mandatory restriction as arbitrary judgment.