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Is it permissible to ask the deceased’s mother to waive her legal share (one-sixth) in favor of his minor children? Does she have a right to the money disbursed by his governmental employer (such as funeral expenses and end-of-service benefits)? Is it permissible to withhold a portion of the deceased’s inheritance for the education of his minor children?

1 min readAlso available in العربية

The mother receives one-sixth of her son's inheritance if he has children, but she may willingly relinquish her share. What the deceased's employer gives: if it is due to the deceased, then it is part of the inheritance and is distributed among the heirs. If it is not due to the deceased but rather a donation from the granting entity, then it is spent as the entity specified. It is not permissible to withhold a portion of the inheritance for the education of minors; rather, the inheritance must be distributed to its rightful beneficiaries. There is no harm in an adult of sound mind relinquishing their right. Spending on children according to their needs does not require strict equality. What the father spent on the education of some of his children before his death does not necessitate giving the same to minors; rather, they receive only their share of the inheritance. It is not permissible for a man to bequeath a dowry to his young children if he has married off the elder ones, because "Indeed, Allah has given every rightful person his right, so there is no will for an heir."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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