Will the check be returned to me and my mother's share not be executed because she was in a coma, and my father's share not be executed because he has not cashed the check yet, knowing that he has become mentally incapacitated?

If the questioner wrote a check to his father to buy a rest house in his (the father's) and his mother's names, equally, and then the father fell ill before cashing the check and the mother passed away in a coma, the matter could be interpreted in two ways:

1. Validity of the Gift (Hibah): If the check is considered a constructive possession of the amount, then the validity of the gift to the father is examined. If the gift is valid, then the matter of the ill father is to be referred to the judiciary to appoint a guardian over his money. As for the mother, she did not receive anything and died in a coma, so her share remains the property of the questioner.

2. Agency for Purchase, Not a Gift: If the questioner's intention with the check was merely to authorize the father to purchase the rest house, and he did not intend to gift the money itself, then the gift did not take place, and the money remains the property of the questioner.

Given the possibility of interpretation in this matter and its connection to the rights of an interdicted person, the questioner is advised to refer the matter to the Sharia judiciary for consideration of the details and ruling on it.