What is the heirs' share if the wife disposes of her children's inheritance before its division, and the money is lost or gained?
If a mother disposes of her children's share of their father's inheritance without their permission, she is considered a usurper and is liable for their share in case of loss. As for the profit generated from investing usurped money, there is a difference of opinion among scholars. The "Majallat al-Ahkam al-Adliyyah" (Ottoman Civil Code) adopted the view that the profit belongs to the one who managed the money, not to the heirs. Thus, if one of the heirs takes a portion of the inheritance before its division without the permission of the others and invests it, any loss incurred is borne by him, and if he profits, the other heirs do not get a share in it. However, the profit obtained from the other heirs' share is not considered lawful for the one who took it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 191939
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