Is it permissible for a father to take from the inheritance of his minor daughter and from what his deceased wife left behind to settle his debts, given that he is her legal guardian and that one of his daughters is under the care of his sister?
If a wife dies, her husband receives one-fourth, and her children receive the remainder, with the male receiving the share of two females. The father is obligated to spend on his children if they do not have wealth. But if they do have wealth, he is not obligated to spend on them from his own money; rather, he may spend on them from their own wealth. The father may take from his children's wealth if he is in need, provided that he does not harm them and does not take from one to give to another. As for the custody and nursing of a female child, it is taken from her wealth. It is better for the father to refrain from taking from his children's wealth as much as possible.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7974
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy