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The question

Is it permissible to dispose of funds from aid designated for orphans, or must it be preserved for them?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The debts of the deceased must be paid before the inheritance is divided, because debt takes precedence over the right of the heirs.

If the deceased left no heirs other than his mother, his four sons, and his daughter, then the mother receives one-sixth due to the presence of a lineal descendant, and the remainder goes to the sons and the daughter, with the male receiving the share of two females.

The inheritance is divided into 54 shares: the mother receives 9 shares, each son receives 10 shares, and the daughter receives 5 shares.

As for aid, if it is a gift from a certain party, it is not divided according to the rules of inheritance, but rather according to the condition of the donor. However, if it is part of the inheritance, such as "end-of-service benefits," then it is divided among the heirs like the inheritance.

The matter of inheritances is serious and complex, and merely relying on a fatwa is not enough. Rather, it must be referred to the Sharia courts or discussed directly with scholars, as there may be an heir, bequests, debts, or other rights unknown to the heirs that take precedence over their right to the money.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
144664
Imported
Translation status
Source text, unreviewed
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