Ruling on allocating part of the estate for sponsorship of orphans

Question

Praise be to Allah.

Undoubtedly sponsorship of
orphans is one of the greatest righteous deeds, and it is something good and
praiseworthy that Allaah has enjoined in His Book, and that our Prophet
(peace and blessings of Allaah be upon him) has encouraged in his Sunnah, as
has been explained in the answer to question no.
47061.

It is permissible for the
heirs to allocate part of the estate for this purpose, so long as they are
adults of sound mind. As for a minor, it is not permissible to donate any of
his wealth even if he gives permission, because his permission does not
count. If there are minors among the heirs, it is permissible only for the
adults of sound mind to donate some of their own shares for sponsoring
orphans.

If someone donates some of
the minor’s wealth, then he must pay it back to the minor from his own
wealth.

It says in Sharh Muntaha
al-Iraadaat (2/175): It is haraam for the guardian of a minor to dispose
of anything except in the interests of his ward, because Allaah says
(interpretation of the meaning): “And come not near to the orphan’s
property, except to improve
it” [al-An’aam 6:152]. If the guardian gives charity or a gift,
or indulges in favouritism by selling some of his ward’s property for less
than it is worth, or he buys something with it for more than it is worth,
then he is liable for what he donated or showed favouritism in. End quote.

Shaykh Ibn ‘Uthaymeen (may
Allaah have mercy on him) was asked about the heirs giving up a piece of
land to one of their brothers so that he could build a house on it.

He replied: If the heirs
are all adults of sound mind, there is nothing wrong with them giving up a
piece of land to one of their brothers. But if there are any minors among
them, it is not permissible for any of them to give up what belongs to these
minors, i.e., nothing should be taken from their share of the estate. But if
one of the adults of sound mind gives up his share to his brother, there is
nothing wrong with that. End quote from Fataawa Noor ‘ala al-Darb.

And Allaah knows best.