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What is the legitimate right of minor siblings in inheritance, and are they sinful for not claiming their right, and are they absolved by the wife of the brother claiming the legitimate right, and what are the obligations towards the brother's family for the past period, and is it permissible for the mother to waive the right of the minors or for the minors to waive it after reaching maturity?

1 min readAlso available in العربية

Firstly: The children of a son who died before his father do not inherit from their grandfather if they have a paternal uncle, because the son excludes the grandchildren.

Secondly: Minors inherit their share from their father, including what the father inherited from his deceased son. Their minority does not prevent them from inheriting.

Thirdly: The waiver of their share by adult, mature heirs in favor of their minor siblings is valid.

Fourthly: The waiver can either be for a specific minor, in which case that minor exclusively receives it, or it can be general and divided among them equally or according to the legal inheritance.

Fifthly: The grandfather's waiver of his share of his son's inheritance to his grandchildren is valid if the waiver is proven to have occurred while he was in good health and they took possession of what he waived.

Sixthly: Whoever disposes of the property of minors guarantees it, except for the guardian if he acts appropriately.

Seventhly: It is forbidden to consume the property of orphans. The guardian of the minors is responsible for managing their wealth appropriately.

Eighthly: The mother of the minors does not have the right to waive their share, because she does not own it.

Ninthly: Whoever waives his right while being an adult, mature, and not coerced, is allowed to do so. It is not permissible to consume the property of minors in the hope that they will waive it after reaching maturity.

It is advisable to refer to the Sharia court to resolve disputes that cannot be settled internally.

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

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