If he dies without making a bequest, is it permissible to take from his wealth to give in charity on his behalf?
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The second question of Fatwa No. ( 4489 )
Q2: A man died as a result of a car accident and did not make a bequest of charity from his wealth, nor of any debt, knowing that he left behind a considerable amount of wealth, and he has a wife and minor children. Is it permissible to take one-third or one-quarter of what he left to give in charity on his behalf without consulting his heirs, even if he did not bequest anything? Please issue a ruling, may Allah have mercy on you.
A2: If the matter is as described, it is not permissible to take anything from the wealth to give in charity on behalf of the deceased except with their permission, provided they are capable of making legal dispositions. It should be known that the guardian of the minors does not have the authority to grant permission for this. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A man died as a result of a car accident and did not make a bequest of charity from his wealth, nor of any debt, knowing that he left behind a considerable amount of wealth, and he has a wife and minor children. Is it permissible to take one-third or one-quarter of what he left to give in charity on his behalf without consulting his heirs, even if he did not bequest anything? Please issue a ruling, may Allah have mercy on you.
A2: If the matter is as described, it is not permissible to take anything from the wealth to give in charity on behalf of the deceased except with their permission, provided they are capable of making legal dispositions. It should be known that the guardian of the minors does not have the authority to grant permission for this. 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.