Returning the amount dedicated to spending on minors to the inheritance after the legator's death


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Q: We are a group of siblings. Some of us are of legal age and some are not. However, our father died recently after being afflicted by a dangerous disease. I used to serve him during the last period of his life. I thus gained his love and confidence so that he entrusted me with a sum of one million Saudi riyals (Part No. 16; Page No. 478) that he deposited in my name in a bank so that I would spend it on my younger siblings. He took my promises and strong covenants that I would not tell anybody about this matter bearing in mind that those young siblings are my half and not full siblings. Anyway, my father did so because he provided for his elder children until they became of legal age, got educated, and became self-sufficient while death might separate between him and his young children before he could provide for them as he had done with his elder children. Nevertheless, after the death of my father (may Allah be Merciful to him); the bank told my siblings that my father withdrew a part of his money before his death and deposited it in my name. Being unaware of the story of the concerned sum, my siblings started to claim this sum back.My question is: Did my father do right when he assigned the concerned sum to his young children? If not, please tell me what the correct way of disposing of it is. Besides, what should I do regarding the oath that I gave to my father? May Allah reward you.


A: If the reality is exactly as what has been mentioned, you have to deliver the sum mentioned above to the attorney of your deceased father or - if not - to the legal court to be distributed amongst the inheritors according to their Shar`y (Islamic legal) portions. Young children should not take exclusive possession of any thing of the estate. Rather, it should be divided amongst the inheritors according to (Part No. 16; Page No. 479) the Shar` (law) of Allah (Glorified be He). Finally, you have to make a Kaffarah (expiation) for the oath that you have taken which is: Feeding ten Miskins (needy persons), clothing them, or freeing a believing neck (slave). In case of inability to do any of the foregoing, you have to observe Sawm (Fast) for three days. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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