Trading with an orphan's property
Question
Question: After the father's death the mother contracts a second marriage. In this case, should the orphans' property go to the children, or may the mother of these children carry on some other occupation with the orphans' property, for example trade and the like, or not? And should the profits of the orphans' property go to the children or to the one who trades?
Answer
Of the property that belonged to the children's father, after the father's death one eighth belongs to the children's mother. She has the choice to do whatever she wishes with her share. Further, in the share that belongs to the children, as well as in property that is directly owned by the orphans — whether their father gave it to them during his lifetime or it came to them…
Source: Fatawa Mahmudiyya
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