Disposing of Orphans' Estates and the Sisters' Right to Inheritance

The questioner:
Following this, a message was received by the program from Yemen, Marib Governorate, from the listener Mansur Ali al-Zawadi. He says: Our father passed away while we were children, and we have an older brother. Our father left us an estate, so our older brother sold half of the estate, used the proceeds to get married, built a house, and bought a car. He also took from the remaining estate just like any one of us. Now that we have reached maturity, we do not know how to deal with him? Please guide us, may Allah reward you. May Allah reward you with good.

The Shaykh:
This matter is not permissible. May Allah reward you. It is not permissible for a guardian to dispose of the property of disbelievers and orphans on his own. Allah the Exalted said: And the Exalted and Majestic also said: "And when they reach maturity, then hand over to them their property, and do not consume it [only] in excess and recklessness, lest they grow up." And if he is wealthy, he should refrain [from taking a fee], and if he is poor, he may eat from it in a moderate manner. This means he eats according to the value of his work. He eats according to the value of his work, just as he takes what others take. He does not hire a worker to do the work for him, for then he would eat like him and take more. He eats in a moderate manner. So it is obligatory for the one who becomes the guardian of that property to be good in its management, to preserve it, and to hand it over to them. If he needs something in return for his work, he should refer to the judge to determine what is permissible for him according to the Shari'ah. And as for what is between the questioner and his other siblings, and between him and his older brother, this is a claim that must be referred to the court. Yes.

The questioner:
Also, we have married sisters, and we took their share from the agricultural portion of the estate. The rest has not been divided; it has not been divided, nor is it being used, and they are unable to pay specific amounts to people to cultivate the land. Some people say they have no inheritance in this land. Do they have any right here?

The Shaykh:
There is no doubt that they have a right in the inheritance, even if its value is small. They have a right in the inheritance, even if its value is low.

The questioner:
May Allah reward you with good and do you good. The female listener Ha'a 'Ayn 'Ayn sent a message saying: I have a married sister who has four children, and her husband is residing in Jeddah, where he works at a company.