Allocating his and his children's share of the inheritance to one of the forms of kindness, with the intention of a continuous charity for the deceased wife
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Fatwa number ( 18789 )
Q: I inform you that my wife passed away, and her inheritance is restricted to her father, her husband, and her children, with no other heirs. All the sons and daughters are under the age of fifteen, consisting of 3 males and 3 females. The deceased, may Allah have mercy on her, left behind gold, which was sold for 8755 riyals,
and she also has sixty shares in one of the companies. The first question: Is it permissible for her husband to allocate the value of the gold belonging to him and his children from it, as well as her father's share, to a charitable project, such as building a mosque? Knowing that her husband and his children are, by the grace of Allah, in no need of this money. Will this be considered a continuous charity for her, or not? The second question: Is it permissible for her husband to transfer the shares in her name to his name, along with her father's and his children's shares, or is it not permissible to pay the value of the shares? Knowing that the husband is the one who paid the value of the shares. The third question: Please clarify the amount of each heir's share from the money mentioned above.
A: If the situation is as described, then the priority in the deceased woman's estate is to settle her debts, then to execute her lawful bequest, and what remains after that belongs to the husband as one quarter, to the father as one sixth, and what remains after that is distributed among the daughters and sons, with the male receiving the share of two females. Each of the heirs has his share of the money and the shares. As for making a charity for her, this is possible in your share and your father-in-law's share if he permits it regarding his right. As for the share of the sons and daughters, if any of them reaches the age of maturity and permits his share to be a charity for her, that is permissible. As for transferring the shares to your name, this is up to the remaining heirs. So if her father is willing
to transfer his share of the shares to your name, that is up to him. As for the sons and daughters, their shares remain in each one's name in his capacity as an individual heir, and if any of them reaches maturity and agrees to transfer his share of the shares to your name, that is up to him. And if she bequeathed one third of her wealth, then one third of the shares is not something you have the right to transfer to your name. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform you that my wife passed away, and her inheritance is restricted to her father, her husband, and her children, with no other heirs. All the sons and daughters are under the age of fifteen, consisting of 3 males and 3 females. The deceased, may Allah have mercy on her, left behind gold, which was sold for 8755 riyals,
and she also has sixty shares in one of the companies. The first question: Is it permissible for her husband to allocate the value of the gold belonging to him and his children from it, as well as her father's share, to a charitable project, such as building a mosque? Knowing that her husband and his children are, by the grace of Allah, in no need of this money. Will this be considered a continuous charity for her, or not? The second question: Is it permissible for her husband to transfer the shares in her name to his name, along with her father's and his children's shares, or is it not permissible to pay the value of the shares? Knowing that the husband is the one who paid the value of the shares. The third question: Please clarify the amount of each heir's share from the money mentioned above.
A: If the situation is as described, then the priority in the deceased woman's estate is to settle her debts, then to execute her lawful bequest, and what remains after that belongs to the husband as one quarter, to the father as one sixth, and what remains after that is distributed among the daughters and sons, with the male receiving the share of two females. Each of the heirs has his share of the money and the shares. As for making a charity for her, this is possible in your share and your father-in-law's share if he permits it regarding his right. As for the share of the sons and daughters, if any of them reaches the age of maturity and permits his share to be a charity for her, that is permissible. As for transferring the shares to your name, this is up to the remaining heirs. So if her father is willing
to transfer his share of the shares to your name, that is up to him. As for the sons and daughters, their shares remain in each one's name in his capacity as an individual heir, and if any of them reaches maturity and agrees to transfer his share of the shares to your name, that is up to him. And if she bequeathed one third of her wealth, then one third of the shares is not something you have the right to transfer to your name. 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.