A sister of mine passed away, and she had a collection of gold jewelry. She had given birth to two daughters and one son. So my mother took the opinion of her husband and her father regarding selling the gold and using its value for several Hajj pilgrimages to be performed on behalf of my deceased sister.

The questioner : A sister of mine passed away, and she had a collection of gold jewelry. She had given birth to two daughters and one son. So my mother took the opinion of her husband and her father regarding selling the gold and using its value for several Hajj pilgrimages to be performed on behalf of my deceased sister. Her husband and her father agreed to this, so my mother sold it. There remains from it a value of twenty thousand riyals. Is it obligatory to take the opinion of the children, considering that they are minors and the eldest daughter is not more than five years old? All of them are under the guardianship of their mother, who is their grandmother, since their mother passed away. Do they have the right to claim what their mother left behind in wealth after they reach the age of maturity? Does my mother bear sin for her action of selling the gold and spending some of it on Hajj for their mother? And what must she do now?

The Shaykh : I say that this action is not permissible regarding the inheritance of the minors, because it is not permissible for anyone to give away any of the minors' wealth, not even for the deceased who left this wealth. For Allah the Exalted says: Therefore, it is obligatory for this acting mother to guarantee to the woman's minor children what is missing from their inheritance, because she is the one who destroyed it for them in a manner in which the Shari'ah has not given permission. And it is obligatory for our Muslim brothers not to act in any matter until they ask the people of knowledge, so that they may be clear in their understanding of their affairs, and then they may act in a manner that Allah and His Messenger approve of. As for a person thinking something is good and acting upon it while the right of another is attached to it, then this is not permissible and is not lawful.

The questioner : May Allah bless you.
This questioner is F M.