Q: Please be advised that my wife died, and her only heirs are her father, her husband and her children. They are three boys and three girls, who are all under the age of fifteen. The deceased (may Allah be merciful to her) left gold that was sold for 8,755 Riyals. (Part No. 16; Page No. 472) She also has sixty shares in a company.The first question is
whether her husband can spend all the value of her gold on charitable purposes, such as building a Masjid (mosque).
Please note that they are not in need of that money, and wish to give this charity with the intention of giving Sadaqah Jariyah (ongoing charity).The second question is whether it is permissible for her husband to transfer her shares to his name along with the share of her father and children, or it is impermissible to pay the value of the shares, given that it was the husband who paid for them.The third question is concerning the share of each of the heirs in the estate.
A:
If the situation is as you mentioned, the priority is to pay her debt, then carry out her will, and the remaining part is to be distributed in the following way: one quarter for the husband, one sixth for the father, and the rest to be divided among the children; where a boy takes twice more than a girl. Each one of the heirs should take their share of the money and the shares. Giving Sadaqah (voluntary charity) on her behalf is permissible for your share and her father's if he agrees. However, the shares of your children should be kept until they come of age. If they accept it after that, there is no harm. Before you can register the shares in your name, you should ask the permission of the rest of the heirs. If her father accepts (Part No. 16; Page No. 473) you to register his share in your name, it is his decision. The shares of the children should remain in their names, as they are also heirs. When they come of age, and agree to transfer their shares to you, it is their decision. If she had bequeathed one third of her property, you do not have access to one third of the shares. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.