Is it permissible for a father to dispose of his deceased son's property before the inheritance is divided? And is he considered to be devouring the orphan's property by selling part of the sheep and spending its price? What is the duty regarding the estate of the deceased brother, his two wives, and his children, including the one born after his death, a year after the passing?
The deceased's estate must be divided immediately unless all heirs agree otherwise. The presence of orphans does not prevent the division. The two wives receive one-eighth, the father one-sixth, and the mother one-sixth. The remainder goes to the children, with the male receiving the share of two females, including the child born after the father's death. Tangible assets are divided either by sale or by valuation. The wife spends from her own money, and the orphans from their own money. If they have no money, then their wealthy grandfather is responsible for their expenses.
The guardianship of orphans' wealth is a matter of scholarly disagreement. However, the grandfather is considered a guardian according to the Shafi'i school, one narration from Ahmad, and the Hanafis if there is no executor appointed by the father. It is permissible for a poor guardian of an orphan to consume from their wealth in a reasonable manner, whichever is less: the fair market wage or the amount needed. It is permissible to mix the guardian's wealth with the orphans' wealth if there is a benefit for them in doing so. The father is advised to refrain from consuming from the orphans' wealth except in a reasonable manner, and from selling any of it except for their expenses, while dividing the inheritance and determining each heir's share.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/19197