Permissibility of paying Sadaqah Jariyah from the money of a deceased person who has not bequeathed while there are minors among the heirs

Q 1: When a person passes away and does not leave a will that includes a charity while he is well-to-do; is it permissible for his wife and children to dedicate on-going charity from his property? It is worth mentioning that some of his children have not yet reached the age of puberty. Is it permissible for them to pay charity on his behalf even if he does not leave a will?


A: It is permissible for the adult heirs to dedicate charity from their shares of inheritance as Waqf (endowment) or charity for their deceased family member. Minors are not permitted to take anything from their shares until they reach puberty and agree upon this. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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