Everything the deceased left behind in shares and amounts due is considered an estate
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The first question of Fatwa No. ( 17705 )
Q1: My father left an inheritance consisting of (80) shares in a company in Makkah, and also a sum of money from the Education Department on the occasion of honoring him for completing the required service. He did not say anything about these shares or the amount. So, O honorable Shaykh, are these shares and this amount from the Education Department to be distributed to the minors or to all the heirs? And is it permissible, O honorable Shaykh, if all the heirs waive their rights, for me to give it in charity on behalf of the deceased (may Allah have mercy on him)? And is it permissible to invest the amount bequeathed by the deceased (may Allah have mercy on him
while he was alive for the minors in buying and selling for their benefit in a lawful manner?
A1: Everything the deceased left behind in shares in the company and amounts due to him from the government and otherwise is considered an estate, to be distributed among his heirs according to their legal entitlement. If they waive their rights, or part of them, and they are among those whose disposal is permissible for the benefit of the deceased, then the most beneficial option, such as charity or otherwise, is to be implemented. As for the minor heirs, their rights are preserved until they reach maturity, and then it is handed over to them. Allah the Exalted said:[An-Nisa 4:6] , and it is recommended for their guardian to invest their money in what is beneficial for them and increases it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: My father left an inheritance consisting of (80) shares in a company in Makkah, and also a sum of money from the Education Department on the occasion of honoring him for completing the required service. He did not say anything about these shares or the amount. So, O honorable Shaykh, are these shares and this amount from the Education Department to be distributed to the minors or to all the heirs? And is it permissible, O honorable Shaykh, if all the heirs waive their rights, for me to give it in charity on behalf of the deceased (may Allah have mercy on him)? And is it permissible to invest the amount bequeathed by the deceased (may Allah have mercy on him
while he was alive for the minors in buying and selling for their benefit in a lawful manner?
A1: Everything the deceased left behind in shares in the company and amounts due to him from the government and otherwise is considered an estate, to be distributed among his heirs according to their legal entitlement. If they waive their rights, or part of them, and they are among those whose disposal is permissible for the benefit of the deceased, then the most beneficial option, such as charity or otherwise, is to be implemented. As for the minor heirs, their rights are preserved until they reach maturity, and then it is handed over to them. Allah the Exalted said:
And test the orphans [in their abilities] until they reach marriageable age. Then if you perceive in them sound judgement, release their property to them.
وَابْتَلُوا الْيَتَامَى حَتَّى إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.