The ruling on the children’s disposal of their elderly mother’s wealth
Machine translationRead the Arabic original
The questioner:
Our Shaykh, a person asked me today to ask about an issue. He says: This is an elderly woman who has no understanding; she is very old. May Allah preserve you, she has a daughter. Two daughters and a son, and she has some wealth. But she does not have understanding.
The Shaykh:
Take her, read to her. Yes. Her age has advanced. So her daughter, a righteous woman, wanted to benefit her mother and consulted her brother and her other sister, and they saw that they should place it in a mosque, and the mother is still alive, present. So now they are asking about this disposal, which is a disposal that is not theirs; if they die, others come, and so on. It is not permissible. They must obtain a power of attorney from the court; the court appoints the governor of the region or the religious judge, according to what the court sees, to manage the wealth of the confused elderly woman. They must contact the court, and they must be good in managing the wealth and preserve it. If she dies, they are her heirs; if they die, the heirs are others. And this wealth that they took out was by their own independent reasoning.
The questioner:
And thank them. They have disposed of it.
The Shaykh:
What appears is that it is obligatory for them to compensate for it.
The questioner:
They see this wealth.
The Shaykh:
He has no authority to dispose of his wealth, and he has no right to disavow it. The guardian of an orphan and the guardian of a person of unsound mind do not dispose of their wealth except in what benefits and increases it, and they deliver the orphan’s wealth,[Al-Baqarah 2:220] and they are like orphans.
The questioner:
Even if the son had a power of attorney from her during, meaning.
The Shaykh:
It is the sane one who prays.
The questioner:
Yes.
The Shaykh:
It does not contradict; if he has a power of attorney, it does not contradict.
The questioner:
But if there is not, they must compensate for it, because you are making this disposal difficult, placing it in a mosque.
The Shaykh:
Return to the court so that it appoints whom it sees fit.
The questioner:
And you placed it in a mosque by your own independent reasoning, and then you made it difficult afterwards?
The Shaykh:
All right.
The questioner:
If we say, they must compensate for it.
The Shaykh:
They throw it away until when she dies they settle it. Yes.
The questioner:
May Allah reward you with good.
The Shaykh:
They may agree on it, and they may not agree. If she dies and they took it out with the consent of all of them, it is valid. But perhaps one of them dies, and others.
The questioner:
May Allah reward you with good, may Allah bless.
The presenter:
May Allah reward you,
Our Shaykh, a person asked me today to ask about an issue. He says: This is an elderly woman who has no understanding; she is very old. May Allah preserve you, she has a daughter. Two daughters and a son, and she has some wealth. But she does not have understanding.
The Shaykh:
Take her, read to her. Yes. Her age has advanced. So her daughter, a righteous woman, wanted to benefit her mother and consulted her brother and her other sister, and they saw that they should place it in a mosque, and the mother is still alive, present. So now they are asking about this disposal, which is a disposal that is not theirs; if they die, others come, and so on. It is not permissible. They must obtain a power of attorney from the court; the court appoints the governor of the region or the religious judge, according to what the court sees, to manage the wealth of the confused elderly woman. They must contact the court, and they must be good in managing the wealth and preserve it. If she dies, they are her heirs; if they die, the heirs are others. And this wealth that they took out was by their own independent reasoning.
The questioner:
And thank them. They have disposed of it.
The Shaykh:
What appears is that it is obligatory for them to compensate for it.
The questioner:
They see this wealth.
The Shaykh:
He has no authority to dispose of his wealth, and he has no right to disavow it. The guardian of an orphan and the guardian of a person of unsound mind do not dispose of their wealth except in what benefits and increases it, and they deliver the orphan’s wealth,
Say, "Improvement for them is best. And if you mix your affairs with theirs - they are your brothers.
قُلْ إِصْلَاحٌ لَّهُمْ خَيْرٌ وَإِن تُخَالِطُوهُمْ فَإِخْوَانُكُمْThe questioner:
Even if the son had a power of attorney from her during, meaning.
The Shaykh:
It is the sane one who prays.
The questioner:
Yes.
The Shaykh:
It does not contradict; if he has a power of attorney, it does not contradict.
The questioner:
But if there is not, they must compensate for it, because you are making this disposal difficult, placing it in a mosque.
The Shaykh:
Return to the court so that it appoints whom it sees fit.
The questioner:
And you placed it in a mosque by your own independent reasoning, and then you made it difficult afterwards?
The Shaykh:
All right.
The questioner:
If we say, they must compensate for it.
The Shaykh:
They throw it away until when she dies they settle it. Yes.
The questioner:
May Allah reward you with good.
The Shaykh:
They may agree on it, and they may not agree. If she dies and they took it out with the consent of all of them, it is valid. But perhaps one of them dies, and others.
The questioner:
May Allah reward you with good, may Allah bless.
The presenter:
May Allah reward you,
Source
لقاءات لابن باز - لقاء مع إخوة في الله - ابن باز - ٦ — archive.org (13:38)
The Arabic text is a machine transcription of the audio recording.