The Pension of the Retired Person is for His Children Only
Question :
A man says: "We are three full brothers who share in all of our properties. One of us died and he had three sons. We still share our living expenses together, as we used to do up to the date of this ruling. The deceased has a Government pension in the names of his sons; is this income included in our agreement and do the sons follow what their father used to do regarding all of the previous properties and those subsequent to his death, or does this income remain in their names only?"
Answer:
The retirement pension which is for the sons of your brother is their private property and whichever of them is of full legal age and chooses to include his portion in this agreement and share with you in living expenses, it is permissible for him to do so. And whichever of them was a minor, his guardian is allowed to accept joining in this mixing and sharing in living expenses, in order to protect the interests of the minor and such is the case regarding all of the properties of these sons - which they earned by their hands or inherited, for example. Each of them is free to choose whether to join this sharing of expenses, investments, disposal of resources and benefits. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Page 91
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