Is it permissible for a father to dispose of his deceased son’s money and spend from it before the division of the inheritance, and is he considered to be consuming the orphan’s money in this case, and what is the religious duty concerning the deceased’s money after one year has passed since his death?
The deceased's father does not have the right to prevent the distribution of the inheritance. Adult and mature heirs have the right to receive their full share, and it is not permissible to restrict them under the pretext of squandering their share. Whoever prevents an heir from their right is disobedient to Allah. As for minor or immature heirs, if their father appointed a guardian before his death, that guardian is responsible for managing their share. Otherwise, the court appoints a guardian for them. Some scholars have opined that the grandfather can be a guardian. The guardian must manage the wealth in a way that benefits the ward, and it is not permissible for him to dispose of it otherwise.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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