What should I do with the money my father left for my bedridden aunt in Gaza, to whom I haven't been able to deliver the money for four years, and is delaying the payment of the inheritance under these compelling circumstances considered a sin?
If your paternal aunt is not an heir to your father, then the money your father bequeathed to her is considered a bequest to a non-heir. It is valid as long as it does not exceed one-third of the estate. It does not become her property unless she accepts it after your father's death. If she is not capable of accepting it, the acceptance of her guardian is sufficient. If she has no guardian, the judge will handle it. The amount remains with you as a trust until you are able to deliver it to her. If she dies after accepting the bequest but before receiving it, the amount transfers to her heirs and remains a trust with you. However, if she dies before accepting the bequest, the majority of scholars hold that the right to accept the bequest passes to her heirs. If they accept it, the money becomes an inheritance that they inherit from her. The Hanafis and some Malikis are of the view that the bequeathed item enters her ownership without the need for the heirs' acceptance, while Al-Abhari among the Malikis believes that the bequest becomes void if the legatee dies before accepting it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/112988
- Source platform
- Ftawy
- Original fatwa ID
- 112988
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy