Her maternal aunt’s brother seized her wealth and prevented her from spending on her
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Fatwa No. ( 5384 )
Q: My maternal aunt, my mother’s sister, is about ninety years old. She owns lands, real estate, and properties that she inherited from her late husband. She is unable to manage these assets herself due to her advanced age. Her brother and her husband’s children from another wife have seized them by force. Her brother, who has taken control of some of her wealth and property, provided for her for 15 years, then expelled her so that she would settle with my mother, who owns nothing. I am the one providing for my mother. This brother is arrogant; he does not give her enough of her own money to sustain her, not even the cost of a box of medicine, which forced me to contribute to her expenses as well, against my will. They even seized the apartment she was living in by force. After five years of family negotiations, we failed to convince her brother and her husband’s children to give her anything beyond the very small amount they give her each month, which is not enough for her food and drink. She has been staying with my mother, whom I support, for these five years, after her brother refused to let her stay with them or to increase the monthly amount spent on her from her properties. We tried to negotiate with them regarding
selling a part of her agricultural lands to spend on her from the proceeds, but she refused due to her advanced age and her poor grasp of life. Some of her heirs, her brothers, also refused, while some agreed. We found that this solution might cause family discord, in addition to the impossibility of the sale, since she is the owner of the property and refused due to her age and lack of understanding. Now, I am overwhelmed by the many requests she makes for clothing, food, and treatment. It is enough for me to support my mother, my incapable brother, my wife, and my children. Note that she has no descendants, she resides in Egypt , and her properties are in Egypt , and everyone is of Egyptian nationality. The question is: Is it permissible to count the money I spend on her from my own funds as part of the obligatory zakah due on me ? Note that in reality, she is wealthier than me, but her wealth and properties are not under her control, and her brother has seized them. Also note that I have zakah funds from my own wealth that are sufficient for her. Is it obligatory upon me by Shari'ah to provide for her, and in this case, is zakah not permissible for her? Note that I may not inherit from her if my mother dies before her, and my mother’s health is deteriorating more than hers. Please advise us, may Allah reward you with the best reward.
A : First: What concerns the seizure of your maternal aunt’s wealth and her husband’s children from another wife by her brother is to be referred to the Shari'ah courts.
Second: It is not permissible for you to count what you previously spent on your maternal aunt as part of the obligatory zakah, nor is it permissible to give her zakah, given her financial situation as you described. Third: It is not obligatory for you to provide for her in the situation described; rather, you should be kind to her and maintain ties with her. The Prophet (peace and blessings be upon him) said: . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My maternal aunt, my mother’s sister, is about ninety years old. She owns lands, real estate, and properties that she inherited from her late husband. She is unable to manage these assets herself due to her advanced age. Her brother and her husband’s children from another wife have seized them by force. Her brother, who has taken control of some of her wealth and property, provided for her for 15 years, then expelled her so that she would settle with my mother, who owns nothing. I am the one providing for my mother. This brother is arrogant; he does not give her enough of her own money to sustain her, not even the cost of a box of medicine, which forced me to contribute to her expenses as well, against my will. They even seized the apartment she was living in by force. After five years of family negotiations, we failed to convince her brother and her husband’s children to give her anything beyond the very small amount they give her each month, which is not enough for her food and drink. She has been staying with my mother, whom I support, for these five years, after her brother refused to let her stay with them or to increase the monthly amount spent on her from her properties. We tried to negotiate with them regarding
selling a part of her agricultural lands to spend on her from the proceeds, but she refused due to her advanced age and her poor grasp of life. Some of her heirs, her brothers, also refused, while some agreed. We found that this solution might cause family discord, in addition to the impossibility of the sale, since she is the owner of the property and refused due to her age and lack of understanding. Now, I am overwhelmed by the many requests she makes for clothing, food, and treatment. It is enough for me to support my mother, my incapable brother, my wife, and my children. Note that she has no descendants, she resides in Egypt , and her properties are in Egypt , and everyone is of Egyptian nationality. The question is: Is it permissible to count the money I spend on her from my own funds as part of the obligatory zakah due on me ? Note that in reality, she is wealthier than me, but her wealth and properties are not under her control, and her brother has seized them. Also note that I have zakah funds from my own wealth that are sufficient for her. Is it obligatory upon me by Shari'ah to provide for her, and in this case, is zakah not permissible for her? Note that I may not inherit from her if my mother dies before her, and my mother’s health is deteriorating more than hers. Please advise us, may Allah reward you with the best reward.
A : First: What concerns the seizure of your maternal aunt’s wealth and her husband’s children from another wife by her brother is to be referred to the Shari'ah courts.
Second: It is not permissible for you to count what you previously spent on your maternal aunt as part of the obligatory zakah, nor is it permissible to give her zakah, given her financial situation as you described. Third: It is not obligatory for you to provide for her in the situation described; rather, you should be kind to her and maintain ties with her. The Prophet (peace and blessings be upon him) said:
The aunt is in the position of the mother
الخالة بمنزلة الأم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.