A father’s relinquishment of his minor children’s inheritance
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Fatwa No. ( 248 )
Q: His wife has passed away, and her heirs are her husband, three sons, and a daughter. The husband has renounced a portion of the inheritance from her, and he has also renounced what belongs to his children from their mother, and he asks whether his renunciation of his children's right to the inheritance from their mother is considered valid?
This concerns his children from their mother, and he asks whether his relinquishment of his right to his children's inheritance from their mother is considered valid?
A: It appears from the question that the sons and daughter mentioned in the question are still minors and are under the guardianship of their father. The father's renunciation of their inheritance share is considered a disposition by him of their rights, and his disposition of their rights is conditional upon the presence of benefit and advantage in it. There is no benefit for them in their father's renunciation of their rights, nor is this considered a case of a father taking possession of something from his son's property, since his disposition by renouncing their entitlement was prior to his taking possession, whereas his taking possession of what he desires from his son's money is conditional upon the absence of his son's need for it. It is not hidden that a minor's need for his money is attached to him due to his minority, as there is no guarantee of the continued existence of a guardian for him. It is said in (Al-Muqni'): "The father may take from his son's money whatever he wishes and take possession of it, whether his son is in need or not, and whether the son is young or old, provided that the son's need is not attached to it. If he disposes of it before taking possession of it by selling, freeing a slave, or forgiving a debt, his disposition is not valid." End of quote. Therefore, the father's renunciation of his sons' and daughter's inheritance from their mother is not valid, for the reasons mentioned.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His wife has passed away, and her heirs are her husband, three sons, and a daughter. The husband has renounced a portion of the inheritance from her, and he has also renounced what belongs to his children from their mother, and he asks whether his renunciation of his children's right to the inheritance from their mother is considered valid?
This concerns his children from their mother, and he asks whether his relinquishment of his right to his children's inheritance from their mother is considered valid?
A: It appears from the question that the sons and daughter mentioned in the question are still minors and are under the guardianship of their father. The father's renunciation of their inheritance share is considered a disposition by him of their rights, and his disposition of their rights is conditional upon the presence of benefit and advantage in it. There is no benefit for them in their father's renunciation of their rights, nor is this considered a case of a father taking possession of something from his son's property, since his disposition by renouncing their entitlement was prior to his taking possession, whereas his taking possession of what he desires from his son's money is conditional upon the absence of his son's need for it. It is not hidden that a minor's need for his money is attached to him due to his minority, as there is no guarantee of the continued existence of a guardian for him. It is said in (Al-Muqni'): "The father may take from his son's money whatever he wishes and take possession of it, whether his son is in need or not, and whether the son is young or old, provided that the son's need is not attached to it. If he disposes of it before taking possession of it by selling, freeing a slave, or forgiving a debt, his disposition is not valid." End of quote. Therefore, the father's renunciation of his sons' and daughter's inheritance from their mother is not valid, for the reasons mentioned.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.