Is it permissible for a man to appoint his brother as a guardian over his children after his death, and is it permissible for him to allocate a portion of his estate as a monthly salary for this brother in return for his care of the orphans?
It is permissible for a man to enjoin his brother to take care of his minor children after his death, and it is permissible for him to stipulate a wage for this, provided that this wage comes from the one-third portion over which he has disposal. If the wage is not from the one-third and encroaches upon the heirs' wealth, then it depends on the heirs' approval after they reach maturity; otherwise, the execution of the will is not possible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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