Is it permissible to donate the value of a stolen, low-value ring from a deceased grandmother with the intention of repentance, instead of returning it to the heirs, in order to avoid embarrassment?
If someone steals another's property, they are obligated to return it to them or seek their forgiveness. If the owner dies, the property must be returned to their heirs, for the Prophet, peace and blessings be upon him, said: "The hand is responsible for what it takes until it returns it." There is no difference whether the theft occurred during childhood or after puberty, except regarding the sin; as for the liability, it is binding even upon a child.
The thief must strive to accurately count what they took and return it to the heirs, even if indirectly. For example, they could place the money with the deceased's belongings among their possessions in a way that the heirs will see it. They can also use dissimulation (tawriyah), mentioning to the heirs that they "found" these items, or that they "took them from the deceased before their death," or similar phrases that imply a loan or a finding without intending theft.
If the thief finds it difficult to inform the person from whom they stole, they can deliver the money indirectly, such as by giving it to a friend of the wronged person and asking them to deliver it, while also expressing repentance.
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- Original fatwa ID
- 23103
- Imported
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- Source text, unreviewed
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