It is not permissible to dispose of an inheritance without the permission of the heirs
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Fatwa number ( 18245 )
Q: My daughter was chosen by Allah to be with Him, and she left behind her mahr
and her jewelry, which her husband gave her in place of her original mahr, which he had taken from her and said he would return to her. He returned it to her in the form of this jewelry, except for six thousand riyals that remain with him to this day. The total amount of what was owed was ten thousand riyals. She placed six thousand riyals of it into a charitable project, which is the construction of a mosque, and she intends to give the remaining four thousand as charity for her in righteous deeds. When her children come to me—and they are two sons and two daughters—I will give them from it permanently, making it their right in it. After I asked some of the shaykhs, they said that this act, which is building the mosque, is not permissible. I ask you, O honorable Shaykh, to inform me of what I must do, as I wish to clear my conscience of this matter. And what must her husband do with what remains in his possession? Please inform us; may Allah reward you.
A: The mahr and jewelry left by the deceased woman mentioned constitute an estate. Any debt she had is paid from it, if she had a debt. Then, the remainder after the debt, if she made a bequest within the limit of one-third or less to a non-heir, that bequest is executed. The rest belongs to her heirs. It is not permissible to dispose of it in any way other than what has been mentioned, unless the adult heirs permit it to be given to her in righteous deeds. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My daughter was chosen by Allah to be with Him, and she left behind her mahr
and her jewelry, which her husband gave her in place of her original mahr, which he had taken from her and said he would return to her. He returned it to her in the form of this jewelry, except for six thousand riyals that remain with him to this day. The total amount of what was owed was ten thousand riyals. She placed six thousand riyals of it into a charitable project, which is the construction of a mosque, and she intends to give the remaining four thousand as charity for her in righteous deeds. When her children come to me—and they are two sons and two daughters—I will give them from it permanently, making it their right in it. After I asked some of the shaykhs, they said that this act, which is building the mosque, is not permissible. I ask you, O honorable Shaykh, to inform me of what I must do, as I wish to clear my conscience of this matter. And what must her husband do with what remains in his possession? Please inform us; may Allah reward you.
A: The mahr and jewelry left by the deceased woman mentioned constitute an estate. Any debt she had is paid from it, if she had a debt. Then, the remainder after the debt, if she made a bequest within the limit of one-third or less to a non-heir, that bequest is executed. The rest belongs to her heirs. It is not permissible to dispose of it in any way other than what has been mentioned, unless the adult heirs permit it to be given to her in righteous deeds. 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.
