If money was collected from benefactors for a sick person to undergo surgery, and the patient died before it was performed, with the money remaining in the possession of those who collected it, does the money become the property of the patient upon its receipt and thus considered part of the estate to be distributed among the heirs, or should the contributors be consulted regarding the fate of the money? Is it permissible to distribute the money according to the wish of each contributor, and what should be done with funds whose owners are unknown or cannot be contacted?
The aforementioned money is an inheritance belonging to the deceased recipient of the gift, and it is to be distributed among his heirs according to each one's share as prescribed in the Book of Allah. The wife and daughter are not entitled to take it without the consent of the other heirs, unless the other heirs relinquish their shares. If the gift was fully completed, then the benefactors have no claim to this money.
However, if the donor specified the money solely for treatment, or specifically for the recipient without his heirs, then the donor has the right to reclaim it or gift it to another person.
The general principle is that money is an inheritance from which the expenses for preparing and burying the deceased are paid first, then his debts and bequests are fulfilled, and the remainder is divided among all the heirs.
The heirs in this case are the wife, the daughter, and the father. As for the brothers, they do not inherit because they are excluded by the father. The wife receives one-eighth, and the daughter receives one-half, and the remainder goes to the father by prescribed share and residuary right.
The questioner is advised to refer matters of inheritance to the Sharia courts for investigation, as there may be wills, debts, or other rights that take precedence over the rights of the heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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