Do the children inherit the estate in place of their deceased father, or not?
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Fatwa number ( 7498 )
Q: Two days ago, I was in the mosque performing the prayer when a blind shaykh asked about me. I went to him, and he asked me a question. He is a man who married his sons, and they had children. After a while, one of his sons died, leaving behind children. The question is: Do these children inherit the estate in place of their father, or not? Since their father has died, if their grandfather does not give them anything, does he bear sin?
A: If the situation is as described, then these children do not inherit from their grandfather’s estate in place of their father while their uncles are present, because they are excluded by the presence of their uncles at the time of their grandfather’s death. From this, it is known that one who prevents them from inheriting from their grandfather in this case does not commit a sin. However, if he gives them something from their grandfather’s estate at the time of division, out of kindness to them and to please them, that would be good; as Allah the Exalted said:[An-Nisa 4:8] .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Two days ago, I was in the mosque performing the prayer when a blind shaykh asked about me. I went to him, and he asked me a question. He is a man who married his sons, and they had children. After a while, one of his sons died, leaving behind children. The question is: Do these children inherit the estate in place of their father, or not? Since their father has died, if their grandfather does not give them anything, does he bear sin?
A: If the situation is as described, then these children do not inherit from their grandfather’s estate in place of their father while their uncles are present, because they are excluded by the presence of their uncles at the time of their grandfather’s death. From this, it is known that one who prevents them from inheriting from their grandfather in this case does not commit a sin. However, if he gives them something from their grandfather’s estate at the time of division, out of kindness to them and to please them, that would be good; as Allah the Exalted said:
And when [other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness.
وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ وَقُولُوا لَهُمْ قَوْلا مَعْرُوفًاAnd 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.