Is it permissible to delay an heir from receiving his share of the inheritance for fear that he might squander his money, and what is the ruling on the money this heir took from his father during his lifetime, without his siblings, to settle his financial crises?
It is not permissible to delay giving an adult, sane heir his share of the inheritance. As for the profligate (safih), he should not be given control of his wealth until his sound judgment is ascertained. A profligate is one who squanders his wealth and spends it on sinful acts. No one can place an interdiction on a profligate except the ruler or someone appointed by the ruler as his guardian. If there is no ruler, then a trustworthy person from his relatives or others should take charge of his affairs. The case must be brought before a judge, if one exists, or before whoever acts in his stead from the Muslim community. It is not advisable to prevent him from accessing his money if he requests it, unless they fear that greater harm will result from him (e.g., iniquity) than from the squandering of the money itself. What a child takes from a parent's money or what is spent on his affairs does not affect his share of the inheritance. If the parent gave him money to help him solve a problem or a crisis, this does not contradict justice among the children.
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