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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The executor acts in the best interest of the minors

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Question: I have an uncle who passed away while I was in prison. He left behind a financial and real estate fortune and a large family. I am responsible for them, after Allah, once I am released. Is it permissible to divide the wealth among the heirs before the minors reach the age of maturity, or should it remain undivided until they do? Also, if I wish to invest their money in any project, is it permissible for me to join them as a partner, on the condition that I pay my share of the capital and my income from my lawful earnings? This is because I am poor and have nothing to spend on myself and my family. There is also an air-conditioned car in the estate worth a large sum, which they are currently using, and which I intend to use after my release to follow up on the debts my uncle had with people, as they are far away and in difficult locations. Is that permissible? I am sending this so that I may be released with clarity about my affairs. Please advise us, may Allah reward you with good.

Answer: Praise be to Allah. This question is of great significance. It is obligatory for you, my brother, if you are the guardian of the minors and the deceased has appointed you as such, to strive and act in the best interest of the minors. If you and the mature guardians see that it is in their best interest, there is no harm in keeping the wealth undivided and doing what you see as best, such as buying and selling or similar transactions. You may settle what belongs to your share, identify it, and record it in writing. This is permissible.
If you and the adults see that division is better, you may divide the money, with each person taking his share. You should place the minors' share in what benefits them, such as real estate, or entrust it to someone to trade with it, or you may trade with it yourself. However, you must not take any of the profit except by agreement with the country's court regarding what the court deems appropriate for you. This is because a person cannot be trusted regarding his own rights to either increase or be lenient. Therefore, contact the court and agree with them on what will clear your conscience regarding the minors. This is what you should do.
In summary, this is a matter of great importance that requires detail, as mentioned earlier. If you contact the court and seek their opinion on what is difficult for you, this is what will clear your conscience, if Allah wills, and it is what you must pay attention to.
As for the division, you must consider what is in the best interest, as mentioned earlier. If you see that the best interest lies in keeping the money undivided and managing it for the benefit of all, with the profit shared among all, there is no harm. If you and the responsible adults see that it is better to distribute the money, set aside the minors' funds, and seek the court's opinion on what is difficult for you, that is better.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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