What is the ruling of Sharia concerning money I took from my father, earmarked for his "shroud and supper," and spent due to financial hardship without his knowledge before his death? And what must I do now?
The person entrusted with money must preserve it and not dispose of it except with the owner's permission, because it was given for safekeeping, not for benefit, as stated in the Mudawwana. Malik is of the opinion that the person entrusted with money should not trade with it, lend it to anyone, or move it from its original state for fear of the money being damaged and the trust being lost. In another narration, it is permissible for the trustee to dispose of the deposit without permission if he has wealth and integrity and has made witnesses to the deposit, because dinars and dirhams are not specifically designated, and there is no harm in the trustee benefiting from it if he returns its equivalent. Accordingly, if you spent the money on shrouding and preparing your father for burial, your liability is discharged; otherwise, you must pay the remainder to the rightful heirs of the estate for the money to be divided among them.
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