Impermissibility of giving in charity from the orphan's money


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Q 2: My husband died a month ago, leaving behind a son, six daughters and his parents. He left only a small shop in addition to the house (Part No. 16; Page No. 484) we live in. I asked his parents to waive their share of inheritance so that I may better provide for my daughters. Am I a sinner for doing this, even though they willingly waived their share? Am I a sinner if I give charity out of the money, which belongs to me and my orphan children? I should mention that I run this business which is inside my home.


A 2: First, if your late husband's parents willingly waive their share of inheritance for you, this is their right and there is no sin against you. Second, it is not permissible to give charity from the money of your orphan children, for your custody over them does not justify this. As for your share, you are allowed to give charity from it according to the Shari`ah (Islamic law). May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions.




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