Dedicating Waqf, giving charity, and performing Hajj on behalf of a deceased person who dies leaving wealth but without bequeathing
Q: There are parents who say that
some of their children had an accident and that the younger son died while the older one was wounded. In this way, the older son inquired about his younger brother but the parents would not tell him about the latter's death. Then, the older son also died; and left some money but he did not bequeath anything. Is it permissible that we give the money he left for the sake of Allah (Exalted be He) on his behalf or should we give sadaqah (voluntary charity) on his and his younger brother's behalf? Furthermore, is it permissible to perform Hajj (Pilgrimage) on their behalf
because they did not perform it?
You are not blamed for not telling your elder son about the condition of his younger brother. At the same time, you are permitted to give all the money that your elder son left for the sake of Allah (Exalted be He) provided that all the inheritors are of legal age and they all agree to this. However, if some of the inheritors are not of legal age; you have to retain their portions for them but you may give the rest for the sake of Allah (Exalted be He) on behalf of your elder son. Moreover, you may give Sadaqah on behalf of both of your sons. Regarding Hajj and `Umrah (lesser pilgrimage), you have to pay out of their money for the Hajj of whoever amongst your deceased sons was of age. This should be given priority over the rights of inheritors. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.