What is spent on each heir is deducted from his share of the estate
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Fatwa No. ( 8307 )
Q: My mother’s brother and his wife died in a car accident, leaving behind two sons and two daughters. This was five years ago, and I became their guardian after the inheritance was restricted to them. About a year ago, my guardianship over the eldest son and the two daughters ended, but they appointed me as their agent. The youngest daughter has been married through her elder brother. Now the eldest son wants to get married, but the estate has not yet been distributed among them, as their father left them the following: 1 - A house in the Neutral Zone Minat Saud and a house in al-Ta’if, and land in the Neutral Zone, although the land and the house in the Neutral Zone are still within the border between the Kingdom and Kuwait, but the house is rented out for one thousand (1000) riyals per month, and the house in al-Ta’if is also rented out for two thousand (2000) riyals per month.
2- There is one hundred thousand riyals (100000) in cash for the heirs, and the eldest son wants to get married. The problem of the house and land in the Neutral Zone has prevented the distribution of the estate. Here I seek your guidance regarding this estate, especially since the eldest son wants to get married, and he is currently an employee with a salary of three thousand (3000) riyals. Can we give him some of the cash to complete the marriage as a loan to be deducted from his share when the houses and land are sold? Also, please guide me on how to spend on the younger son and the daughter who has not yet married, as one of the daughters is married and the eldest son spends on himself after being employed. I am confused about my situation and fear falling into a prohibited matter, God forbid. I ask for guidance on how to solve the marriage problem and spending on the children; because I have been and still am spending on them from the rent of the two houses before the daughter’s marriage and the eldest son’s employment. I am still continuing to spend on the younger one and the unmarried daughter. After all this, the daughter got married two months ago, and the son was employed three months ago. I also ask for clarification on the method by which I should proceed regarding their rights and spending on them.
A: First: The eldest one who wants to get married is given his share of the cash
mentioned. If it is sufficient for his marriage, praise be to Allah; otherwise, he borrows from his righteous brothers or others what is needed to fulfill his need. Second: What is spent on each heir is deducted from his share of the estate, whether that is from the rent, the cash you mentioned, or anything else from the estate. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: My mother’s brother and his wife died in a car accident, leaving behind two sons and two daughters. This was five years ago, and I became their guardian after the inheritance was restricted to them. About a year ago, my guardianship over the eldest son and the two daughters ended, but they appointed me as their agent. The youngest daughter has been married through her elder brother. Now the eldest son wants to get married, but the estate has not yet been distributed among them, as their father left them the following: 1 - A house in the Neutral Zone Minat Saud and a house in al-Ta’if, and land in the Neutral Zone, although the land and the house in the Neutral Zone are still within the border between the Kingdom and Kuwait, but the house is rented out for one thousand (1000) riyals per month, and the house in al-Ta’if is also rented out for two thousand (2000) riyals per month.
2- There is one hundred thousand riyals (100000) in cash for the heirs, and the eldest son wants to get married. The problem of the house and land in the Neutral Zone has prevented the distribution of the estate. Here I seek your guidance regarding this estate, especially since the eldest son wants to get married, and he is currently an employee with a salary of three thousand (3000) riyals. Can we give him some of the cash to complete the marriage as a loan to be deducted from his share when the houses and land are sold? Also, please guide me on how to spend on the younger son and the daughter who has not yet married, as one of the daughters is married and the eldest son spends on himself after being employed. I am confused about my situation and fear falling into a prohibited matter, God forbid. I ask for guidance on how to solve the marriage problem and spending on the children; because I have been and still am spending on them from the rent of the two houses before the daughter’s marriage and the eldest son’s employment. I am still continuing to spend on the younger one and the unmarried daughter. After all this, the daughter got married two months ago, and the son was employed three months ago. I also ask for clarification on the method by which I should proceed regarding their rights and spending on them.
A: First: The eldest one who wants to get married is given his share of the cash
mentioned. If it is sufficient for his marriage, praise be to Allah; otherwise, he borrows from his righteous brothers or others what is needed to fulfill his need. Second: What is spent on each heir is deducted from his share of the estate, whether that is from the rent, the cash you mentioned, or anything else from the estate. 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.