Do the children of the deceased wife have the right to claim their share of their mother’s inheritance from their father’s estate before it is divided among all heirs?
If a father is negligent in safeguarding his children's money, he is liable. His children have the right to deduct their share of their mother's inheritance from their father's assets before its distribution, because his hand is one of trusteeship () and he does not have the right to dispose of it in a way that harms them, based on the Almighty's saying: "And do not approach the orphan's property except in a way that is best."
However, if the father was not negligent and acted in a manner permissible by , or spent on them from their own money, he is not liable, and his children do not have the right to deduct anything from his estate. It is advisable to refer the matter to the Sharia court to resolve the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 86085
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy