Is it permissible to claim money that was distributed from a sick father's wealth during his lifetime, considering it an inheritance, which his brothers then lost, knowing that they acknowledged it as a debt owed by them?
Selling the land and distributing the money without the consent of the father, who is suffering from mental instability, is impermissible, and the money must be returned to him. If the father dies before the money is returned, it becomes a debt upon the brothers and will be deducted from their share of the inheritance. However, if the father was of sound mind and agreed to the sale and specified how the money should be disposed of, and the children disobeyed his command by distributing the money, then they are liable for the money. Money that the father permitted to be invested is not guaranteed in case of loss, provided there was no negligence. In summary, whatever money the brothers took will be deducted from their share of the inheritance, except for the amount the father permitted to be invested, taking into account the father's awareness and any negligence in the investment.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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