Spending from his personal wealth on his father's treatment, then his mother giving him from his father's wealth
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Fatwa number ( 20715 )
Q: Your Eminence, the Grand Mufti of the Kingdom of Saudi Arabia (may Allah preserve him), peace be upon you, and Allah's mercy and blessings. I hope your hearts are broad enough to find, if Allah wills, an answer to my question. My father (may Allah have mercy on him) passed away in the last week of Sha'ban 1419 AH, and a few days after his death, my mother called me.
When I went to her, I found her giving me a sum of money. She said: "We have saved this amount, and it is yours; in return for what you spent on your father throughout his illness." My father was on a pension and received a retirement salary (or what is called in Egypt : a pension), while my mother does not work. I would like to bring to your attention that since my father's illness began, and since I became aware of it about a year ago, my brothers told me that they did not have the means to spend. They said, word for word: "You spend, and it will be a debt on us, each of us to pay an equal share, and we will give it to you when we are able." I told them that I was spending on my father seeking the pleasure of Allah. Previously, Allah had enabled me to bring my father to perform the obligatory Hajj in 1413 AH, and praise be to Allah, and I did not ask them for anything. My question is: A - Do I have the right to dispose of this money? 2 - Or is it permissible for me to place it in an Islamic bank as ongoing charity on behalf of my father? 3 - Or should the amount be distributed among all the heirs, who are: (my mother, the four of us males, and two daughters)? And what are the shares of distribution? May Allah reward you with the best reward, and peace be upon you, and Allah's mercy and blessings.
A: All that your father left behind in terms of money, real estate, and the like is the right of the heirs. What you spent on your father during his illness and his Hajj, you should count that with Allah, and this is part of being dutiful to him. Praise Allah that He helped you to be dutiful to him and to treat him with kindness. Do not take anything in return for it, especially since you told your brothers that what you spent on your father was for the sake of seeking the pleasure of Allah. You have the reward and recompense from Allah for that, if Allah wills. This money that is with you, which your father saved, is the right of the heirs. If the reality is as you mentioned, that the heirs of your father are those mentioned in your question, then the estate is divided as follows: Your mother, who is your father's wife, gets one-eighth, and the remainder is divided among the children of the deceased; the male gets the share of two females. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Your Eminence, the Grand Mufti of the Kingdom of Saudi Arabia (may Allah preserve him), peace be upon you, and Allah's mercy and blessings. I hope your hearts are broad enough to find, if Allah wills, an answer to my question. My father (may Allah have mercy on him) passed away in the last week of Sha'ban 1419 AH, and a few days after his death, my mother called me.
When I went to her, I found her giving me a sum of money. She said: "We have saved this amount, and it is yours; in return for what you spent on your father throughout his illness." My father was on a pension and received a retirement salary (or what is called in Egypt : a pension), while my mother does not work. I would like to bring to your attention that since my father's illness began, and since I became aware of it about a year ago, my brothers told me that they did not have the means to spend. They said, word for word: "You spend, and it will be a debt on us, each of us to pay an equal share, and we will give it to you when we are able." I told them that I was spending on my father seeking the pleasure of Allah. Previously, Allah had enabled me to bring my father to perform the obligatory Hajj in 1413 AH, and praise be to Allah, and I did not ask them for anything. My question is: A - Do I have the right to dispose of this money? 2 - Or is it permissible for me to place it in an Islamic bank as ongoing charity on behalf of my father? 3 - Or should the amount be distributed among all the heirs, who are: (my mother, the four of us males, and two daughters)? And what are the shares of distribution? May Allah reward you with the best reward, and peace be upon you, and Allah's mercy and blessings.
A: All that your father left behind in terms of money, real estate, and the like is the right of the heirs. What you spent on your father during his illness and his Hajj, you should count that with Allah, and this is part of being dutiful to him. Praise Allah that He helped you to be dutiful to him and to treat him with kindness. Do not take anything in return for it, especially since you told your brothers that what you spent on your father was for the sake of seeking the pleasure of Allah. You have the reward and recompense from Allah for that, if Allah wills. This money that is with you, which your father saved, is the right of the heirs. If the reality is as you mentioned, that the heirs of your father are those mentioned in your question, then the estate is divided as follows: Your mother, who is your father's wife, gets one-eighth, and the remainder is divided among the children of the deceased; the male gets the share of two females. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.