A guardian of heirs, some of whom are minors, who has not divided their father's estate
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Fatwa number ( 21549 )
Q: The questioner asked a question to the effect that: his father passed away, leaving behind a wife, a father, a mother, four sons, and three daughters, the eldest of whom is seventeen years old. The judge appointed him as a guardian over the minors and as an agent for the rest of the heirs. Until now, he has not divided the estate. He pays the zakah every year, and he also gives charity with some of the money, more than the zakah. Now he is building a small mosque and wants half of its cost to come from the inheritance, with the reward of this mosque going to the deceased. He has also started building housing for the deceased's children, with the cost coming from the estate. Are these actions valid or not?
A: It is obligatory for you to obtain a document from the Sharia court that lists the heirs, then divide the estate according to that document, give the mature, discerning adults their shares, and appoint a guardian for the minors to preserve their shares, paying the zakah on their behalf every year. You must not give charity or donate from their money; rather, you must preserve it for them until they reach maturity and then hand it over to them. If the deceased left a bequest within the limit of one-third of his wealth, after paying off his debt if he had one, then his bequest is to be executed according to the Sharia rules. If you wish to give charity on his behalf from your own money, there is nothing wrong with that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: The questioner asked a question to the effect that: his father passed away, leaving behind a wife, a father, a mother, four sons, and three daughters, the eldest of whom is seventeen years old. The judge appointed him as a guardian over the minors and as an agent for the rest of the heirs. Until now, he has not divided the estate. He pays the zakah every year, and he also gives charity with some of the money, more than the zakah. Now he is building a small mosque and wants half of its cost to come from the inheritance, with the reward of this mosque going to the deceased. He has also started building housing for the deceased's children, with the cost coming from the estate. Are these actions valid or not?
A: It is obligatory for you to obtain a document from the Sharia court that lists the heirs, then divide the estate according to that document, give the mature, discerning adults their shares, and appoint a guardian for the minors to preserve their shares, paying the zakah on their behalf every year. You must not give charity or donate from their money; rather, you must preserve it for them until they reach maturity and then hand it over to them. If the deceased left a bequest within the limit of one-third of his wealth, after paying off his debt if he had one, then his bequest is to be executed according to the Sharia rules. If you wish to give charity on his behalf from your own money, there is nothing wrong with that.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.