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Inheritance: Do We Give My Little Brother His Large Inheritance Share?

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

My father died recently. I have figured out the inheritance shares with a local scholar. However: do we give my youngest brother (aged just 13) his rather large inheritance share? He has reached puberty (bulugh). What if he blows the money? What if he demands the money?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

Your brother’s share belongs to him. His guardian may not use it or dispose of it in any way, except that which is necessary for the purely beneficial interest of your brother himself. At the same time, your brother should not be given control of his wealth until it is clear that he has the maturity and sound thinking to dispose of his wealth in an intelligent manner.

It is stated in the Ottoman commercial law code, Majallat al-Ahkam al-`Adliyya,

“Item 981: It is not proper to hasten in giving children their wealth once they reach puberty. Rather, they should be patiently tried until it becomes manifest that they can deal with their wealth in a sound manner. After this, they may be given their wealth.”

And Allah alone gives success.

Wassalam,

Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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