The Excess Income From a Bequest is Divided Among the Heirs

Question :

A man bequeathed a quarter of his property for the purpose of slaughtering two animals, the remainder to be divided between his children, with the male receiving a portion equal to that of two females. The executor of the will purchased a shop from that quarter, from the rental of which he bought the two slaughter animals. He divided the remainder of the rental between the children of the testator, with the male receiving double the share as the female, in accordance with the wording of the will. As for what remained of the quarter after purchasing the shop - which amounted to twenty thousand Riyals the executor of the will produced a lot of profit from it - so should this profit be distributed among the heirs, according to the will, or should it be subject to the (the provision of) the quarter and nothing from it be distributed among the heirs?

Answer:

If the situation is as described, then all of the profit from the twenty thousand Riyals is considered excess from the income of the will and it is divided between the heirs, according to the wording of the will. This is because the object (of the bequest) is that two animals be slaughtered from the profit every year and any revenue beyond that is considered excess whether the slaughter of the two animals was paid for from the rental of the shop, or from the profit of the twenty thousand. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Page 67