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The question

What is the ruling on an agent—who is the eldest brother—disposing of his aunt's property, either by selling or gifting it to himself or to others, given that she suffers from impaired cognition and is one of the future heirs? What are the legitimate and legal controls for such actions? Do the heirs have the right to reclaim these properties in the future if the action is proven to be illegitimate? What is the ruling on the brothers not guiding their agent regarding this error?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the agency is established and documented according to Islamic law, the agent must adhere to trustworthiness and the terms of the contract, and act in a manner most beneficial to the principal. If the agent undertakes actions that constitute egregious deception or a gift from the principal's money without their permission, then the agent is liable for that. If the agent sells to himself or to his child, then this is subject to its own specific ruling. If the agent's betrayal is proven, he must be prevented from his injustice by every legitimate means, such as advice or recourse to the court. Relatives must uphold justice, even if it is against themselves or their close kin. If the principal is not of sound mind, then her gift or waiver is not considered valid, and the Sharia court must be informed of this, and silence on this matter is not permissible.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
66246
Imported
Translation status
Source text, unreviewed
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