If a person pays monthly Chanda Hissa Amad on their income, and from that same income builds property, must Hissa Jaidad also be paid on that property? Would Wasiyyat then be paid twice on the same income?

This question was presented before Hazrat Musleh Maud (May Allah be pleased with him), who answered it as follows:

Payment of the Wasiyyat share: A gentleman asked: if a person who has made a bequest in respect of his income pays his monthly share out of that income, and then acquires some property out of the remaining amount, should the Wasiyyat share be paid out of that property as well?

Huzur (May Allah be pleased with him) replied: “Yes, it should be paid. Wasiyyat is, in reality, to be paid out of whatever remains after death.”

The questioner: In this way the Wasiyyat share has to be paid twice — once out of the monthly income, and then a second time out of the property acquired from that very income, on which the Wasiyyat share has already been paid.

Huzur (May Allah be pleased with him) replied: “When a person saves money out of his income and acquires property with it — had he put that money into some other venture instead of property, he would pay the Wasiyyat share on whatever income arose from it. So when he spends the money on property, why should he not pay the share on that too? This is property that has been created. If a person owns 10 acres of land, and after giving one acre in Wasiyyat he accumulates some money from the income of the remaining land, which comes to light after his death, then the Wasiyyat share should be paid out of that as well.”

Cited from Al Fazl, No. 45, Vol. 7, dated December 1919