A father giving up his minor children's inheritance from their mother

Q: A woman died and left a husband, three boys and a girl. The husband waived his share in the inheritance and also waived the share of (Part No. 16; Page No. 458) his sons and daughter from the inheritance of their mother. He wants to know if he is permitted to waive the share of his children from the inheritance of their mother.

A: It appears that the children mentioned in the question are still young and are still under the guardianship of their father. Relinquishing their shares of the inheritance is a disposition of their rights. Disposing of their affairs is dependent upon the existence of the interest and benefit of the children. There will be no benefit in relinquishing their rights and it is not an example of a father possessing the property of his child because this relinquishment took place before they took possession of their shares. The father's possession of any part of the property of his child is permitted if the child does not need this property. Moreover, there is no doubt that minor children are in need of their property as there is no guarantee of the existence of a guardian in the future. It was mentioned in the book called Al-Muqni`: "The father is permitted to possess anything of the property of his child whether he is in need of that or not and whether his child is young or adult provided that the child is not in need of this object. He will not be permitted to dispose of it through selling, emancipation or remission of debts before he takes possession of it." Therefore, the relinquishment of their share in inheriting their mother is not valid. (Part No. 16; Page No. 459) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.