Egypt's Dar Al-Ifta has clarified that the executor of a will must follow the testator's conditions as long as they are lawful and can be fulfilled. Changing the terms of a will is only permitted in exceptional cases when every reasonable effort to fulfill the original condition has failed.

Is it permissible to change a testator's condition?

According to Dar Al-Ifta, if the deceased requested that the funds be used to help prepare an orphan bride for marriage, the executor must first search through official institutions, charities, orphan care centers, and social welfare offices to locate an eligible beneficiary.

Simply not knowing an orphan personally is not considered a valid reason to alter the will.

When is an exception allowed?

If every available method has been exhausted and no eligible orphan bride can be found, the executor may exceptionally redirect the funds to a poor bride who needs financial assistance to get married.

Dar Al-Ifta explained that this fulfills the charitable purpose intended by the deceased.

Islamic ruling on executing wills

The fatwa states that carrying out a valid will is a religious obligation, provided its conditions comply with Islamic law.

It also notes that a voluntary bequest generally cannot exceed one-third of the deceased's estate unless the heirs approve a larger amount.

Why should the testator's conditions be respected?

Dar Al-Ifta cited the Quranic prohibition against altering a valid will, emphasizing that changing its terms without a legitimate Islamic reason is not permissible.

Summary

The ruling concludes that the executor must make every possible effort to fulfill the original condition. Only if this becomes impossible may the funds be redirected to a poor bride, ensuring the charitable objective of the deceased is still achieved.

Can an executor change a testator's condition?
Only if fulfilling the original condition becomes impossible after exhausting all reasonable efforts.

Can the funds be given to a poor bride instead of an orphan?
Yes, as an exceptional measure when no eligible orphan bride can be found.

Is executing a will mandatory?
Yes, provided the will complies with Islamic law.

What is the maximum permissible bequest?
Generally, one-third of the estate unless the heirs approve a larger amount.