Is it permissible for us to distribute our father's money and salary, as he has lost some of his cognitive faculties, without his knowledge? And should the distribution be equal, or treated as an inheritance? And is it permissible to allocate a sum to my brother in return for his care of him?
A living person does not bequeath inheritance, and his property cannot be disposed of except with his permission. If he is afflicted with something that prevents him from properly managing his affairs, such as insanity, idiocy, senility, or foolishness, he cannot be interdicted except by a ruling from a شرعي () judge, who will appoint a guardian over his property.
The guardian is obliged to preserve and grow the wealth, and he is not permitted to dispose of it except in a way that benefits the interdicted person, due to the Prophet’s (peace be upon him) saying: "There should be no harm nor reciprocating harm." He is responsible for anything he donates or favors someone with.
Accordingly, the property of a living father should not be divided. Instead, he should be provided for from it as needed, and the remainder should be preserved.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 155700
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy