The heirs agreed to establish a waqf (endowment) for their father, and among them is a minor from whose money they took.
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Q: Our father (may Allah have mercy on him) passed away, leaving behind two wives, eight sons, and six daughters. We agreed toestablish a waqf (endowment) for our father (may Allah have mercy on him), with the consent of all the heirs except for one brother who does not manage his affairs well due to a mental illness(may Allah heal him). Please note that the amount deducted from this brother is equal to the amounts deducted from the other brothers and represents only a small part of what his father left him in inheritance. This brother is in a good financial state, praise be to Allah, and he has nearly fixed income from the companies and investments his father left him. It does not appear to us at this time that he will be in need in the future, if Allah wills. Please note that he is still a partner with us in all investments, and we manage his money along with ours. We hope you will inform us whether it is permissible to deduct from his share to fund our father's waqf, just like the other brothers, or whether it is not permissible to dispose of his shares? Please note that I am his guardian and legal agent to act on his behalf, as he is unmarried and has a daughter who is eight years old.
A: It is not permissible to deduct anything from the money of a person for whom one is responsible, except for his benefit, and this meaning does not exist in the waqf (endowment) for which one is responsible, and the fact that the questioner
is a guardian over his brother's money does not give him the right to make a disposition that causes him financial harm. It is well known that taking something from this person's money for the benefit of the waqf (endowment) causes him financial harm, even if what his father left him was a large amount of money.
A: It is not permissible to deduct anything from the money of a person for whom one is responsible, except for his benefit, and this meaning does not exist in the waqf (endowment) for which one is responsible, and the fact that the questioner
is a guardian over his brother's money does not give him the right to make a disposition that causes him financial harm. It is well known that taking something from this person's money for the benefit of the waqf (endowment) causes him financial harm, even if what his father left him was a large amount of money.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.