The Father Excludes the Brothers from the Inheritance
Question :
My eldest son, who was ten years old died after a road accident and the Diyah was received. Does his father has the right to dispose of the shares of the two younger brothers for the deceased, or must it be placed in a deposit until they come of age and dispose of it, bearing in mind that we intended to spend the Diyah in good deeds for the sake of the boy. But the father fears that the two boys will spend the money on things other than charity after they come of age?
Answer:
All of the Diyah is divided between you and his father: A sixth for you and the remainder for his father, so they have no right to anything of the Diyah, according to the consensus of the scholars, because the father excludes them from inheriting. And Allah is the Granter of success.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 89-90
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