Is it permissible for the mother of a mentally ill brother, who together with him receives aid from the state, to dispose of his money to meet her needs, knowing that he resides in a psychiatric hospital? And does the ruling regarding an orphan, as in the Almighty's saying: "And do not approach the orphan's property," apply to him?
Guardianship over an insane person after the death of their father falls to their paternal grandfather. If there is no paternal grandfather, then it falls to the ruler or whoever the ruler appoints. If that is not possible, then it falls to any righteous, trustworthy Muslim who is good at managing affairs. If the ruler is unable to appoint a guardian, then guardianship falls to the mother, provided she is sane and رشيدة (of sound judgment). The guardian must invest and develop the insane person's wealth. If they are unable to do so, they should seek help from someone who can develop it, even if for a fee. If the mother is the guardian, she may take from the insane person's wealth an amount sufficient for her needs or her equivalent wage, whichever is less. However, if she is in financial hardship (ma'sarah), she may take an amount sufficient for her needs, even if it exceeds her equivalent wage.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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