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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on distributing part of the estate to some heirs without the others

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Question:
One of the listening brothers sent a message containing a case in which he says: A man died, leaving behind two wives and eight children. One of the wives, who is the mother of the daughters, brought in a sum of money amounting to one hundred thousand riyals. Then she distributed it among her daughters. When the daughters learned that this money was not valid and that it was forbidden, they stood up and gave it in charity. What is the ruling on that? Knowing that the mother of the children had a corresponding amount, but they did not state this explicitly. What is your opinion, Your Eminence? May Allah reward you with good.

Answer:
This requires a detailed explanation:
If this money was brought in from another source through betrayal, theft, or the like, then this money is forbidden, and giving it in charity to the poor and needy among the daughters is a good thing. They have no right to eat what is forbidden, and they know or are aware that it is forbidden.
But if they know that the owner of the money is so-and-so, and it was stolen from him or usurped from him, then it is obligatory to return it to its owner. If the money was from her forbidden earnings, such as from riba (usury or interest) or from other earnings, and it has no known owner, and they do not know anyone who owns it, and they do not know where this money came from, except that they know it is forbidden, then if they give it in charity, they owe nothing.
As for if the money was from the deceased’s money, she has no right to give her daughters anything other than their right. She does not give them anything other than their right, because she has a second wife, and the second wife has a share of one-eighth, and the daughters have two-thirds, so the remainder remains for the 'asabah (residuary male heirs). If the money was from the money of the deceased husband, she has no right to give her daughters anything other than their share only, with no increase.
And the daughters can settle accounts with their mother, and give the wife her share, and the 'asabah their share of the money that the husband left behind. They have no right to give it in charity to anyone, rather this is shared money.
And looking into the matter: is it forbidden or is it not forbidden? This is shared among the heirs. If it is confusing to them, they return to the judge in the court, and the court clarifies the ruling of the Shari'ah for them, and they do not dispose of the money of others.
The point is that if the deceased had this money, the mother of the daughters has no right to dispose of it alone, rather she has only her right, and the daughters have only their right, and the second wife has her right, and the 'asabah have their right. And looking into whether it is forbidden or not forbidden, this returns to them all. If they agree on something, and they all give it in charity, or some of them give their share in charity, this is for them. And if it is difficult for them, they refer to the court, and the court guides them, or to some of the scholars in their country, some of the scholars of truth, so that the ruling is clarified for them. Yes.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

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

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