He died without making a bequest, was in a state of financial ease, and had heirs who had not reached the age of maturity; is it permissible to give ongoing charity from his wealth?
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The first question of Fatwa number ( 16488 )
Q1: If a man dies and does not write a bequest specifying charity from his wealth, and he was in a state of financial ease, is it permissible for his wife and children to make ongoing charity from his wealth for him, knowing that some of his sons have not reached the age of maturity? Is it permissible for them to give charity on his behalf without a bequest, even if he did not make one?
A1: It is permissible for the adult, mature heirs to take a portion from their share of the inheritance and designate it as an endowment or charity for their deceased relative. However, it is not permissible to take anything from the share of the minors until they reach maturity, become mature, and consent to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: If a man dies and does not write a bequest specifying charity from his wealth, and he was in a state of financial ease, is it permissible for his wife and children to make ongoing charity from his wealth for him, knowing that some of his sons have not reached the age of maturity? Is it permissible for them to give charity on his behalf without a bequest, even if he did not make one?
A1: It is permissible for the adult, mature heirs to take a portion from their share of the inheritance and designate it as an endowment or charity for their deceased relative. However, it is not permissible to take anything from the share of the minors until they reach maturity, become mature, and consent to it. 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.