What is the ruling on disposing of a sum of money left in the father's estate, knowing that its source is unlawful and its owner cannot be identified, and is it permissible to give it as charity with the intention of absolving the father if the heirs do not agree to remove it from the estate?
The amount must be returned to its owner and does not fall within the estate, as it does not belong to the deceased. If the money was consumed, it remains a debt owed by the deceased and is to be paid from his estate before its distribution. If the owner cannot be identified, the money should be given in charity on his behalf, and the reward will be for him. If all heirs acknowledge this, the debt is deducted from the estate before its distribution. However, if some heirs deny it, the debt is deducted only from the share of those who acknowledge it, proportionate to their share of the inheritance, according to the majority of scholars. If two heirs testify before a judge that the deceased took the money, the debt is deducted from all heirs.
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- Ftawy
- Original fatwa ID
- 160476
- Imported
- Translation status
- Source text, unreviewed
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