Giving the children of a deceased son, while their father is still alive, by writing over some of the property to them
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Fatwa No. ( 1755 )
Q: I am one of the farmers from the people of al-Sar. The situation was bad, meaning I had nothing in this world. The children grew up, got jobs, and we built houses and bought lands. In Jumada al-Akhir of the year 1397 AH, one of the sons passed away, leaving behind his wife, a daughter, and a son. I receive income from farming and from the salaries of the children, and we did not distinguish between this and that. Is it permissible for me to write over his children in his place, or not?
A: You may allocate for them from the money you have what you believe will clear your conscience regarding what came to you from the share of their deceased father, provided that you agree with the rest of
the children who were the cause of earning the money to make his children partners with you—as if their father were alive—and give his wife what pleases her heart; to clear the conscience of the father, your conscience, and the conscience of your other children. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am one of the farmers from the people of al-Sar. The situation was bad, meaning I had nothing in this world. The children grew up, got jobs, and we built houses and bought lands. In Jumada al-Akhir of the year 1397 AH, one of the sons passed away, leaving behind his wife, a daughter, and a son. I receive income from farming and from the salaries of the children, and we did not distinguish between this and that. Is it permissible for me to write over his children in his place, or not?
A: You may allocate for them from the money you have what you believe will clear your conscience regarding what came to you from the share of their deceased father, provided that you agree with the rest of
the children who were the cause of earning the money to make his children partners with you—as if their father were alive—and give his wife what pleases her heart; to clear the conscience of the father, your conscience, and the conscience of your other children. 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.