The wealth of the insane person belongs to his heirs, and the ruling on his prayer and fasting
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Fatwa number ( 20217 )
Q: My maternal grandfather left behind my mother, my maternal uncle, and other heirs. The legal authority issued a certificate of heirs, and he bequeathed the care of my maternal uncle to my mother, as he is of unsound mind and unable to manage his affairs. My mother has cared for him in my father's house since my maternal grandfather's death. Ultimately, Allah took him after an illness lasting eight months. My mother cared for and nursed him for more than sixteen years, and his paternal uncle or my father's cousin's son did not offer her any assistance. The question, O honorable Shaykh: A -
Do the religious obligations, such as prayer, fasting, and Hajj, etc., fall off the person mentioned? B - He left behind a sum of money. Is this money for my mother in exchange for nursing and caring for him, or do his paternal uncle and cousin have a share in it? Please inform us, may Allah reward you, and may Allah reward you with good. And does what applies to the money apply to the rest of the estate?
A: The person of unsound mind whose intellect is absent, and who does not regain consciousness for a time in which he can perform prayer, fasting, or Hajj — the religious obligations fall off him; because he is not addressed by them. This is indicated by what A'ishah (may Allah be pleased with her) narrated from the Prophet (peace and blessings be upon him) that he said:Sunan Abi Dawud 4403Sahih (Al-Albani) , and in another narration: It was narrated by the Imam Ahmad in his Musnad,
and Abu Dawud and al-Nasa'i and Ibn Majah in the Sunan. If he regains consciousness for a time in which he can perform prayer and the fasting of Ramadan, or Hajj if he is able, it is obligatory for him to perform what became obligatory upon him of acts of worship during his lucidity, due to the removal of the impediment. All the money left behind by this person of unsound mind belongs to him, and it passes to his heirs upon his death. It is their right, to be divided among them as Allah has prescribed. It is not permissible for your mother to take anything from it in exchange for nursing him and managing his affairs, and it is not permissible for her to take anything except what belongs to her from her share of his inheritance after the heirs are determined by the legal court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My maternal grandfather left behind my mother, my maternal uncle, and other heirs. The legal authority issued a certificate of heirs, and he bequeathed the care of my maternal uncle to my mother, as he is of unsound mind and unable to manage his affairs. My mother has cared for him in my father's house since my maternal grandfather's death. Ultimately, Allah took him after an illness lasting eight months. My mother cared for and nursed him for more than sixteen years, and his paternal uncle or my father's cousin's son did not offer her any assistance. The question, O honorable Shaykh: A -
Do the religious obligations, such as prayer, fasting, and Hajj, etc., fall off the person mentioned? B - He left behind a sum of money. Is this money for my mother in exchange for nursing and caring for him, or do his paternal uncle and cousin have a share in it? Please inform us, may Allah reward you, and may Allah reward you with good. And does what applies to the money apply to the rest of the estate?
A: The person of unsound mind whose intellect is absent, and who does not regain consciousness for a time in which he can perform prayer, fasting, or Hajj — the religious obligations fall off him; because he is not addressed by them. This is indicated by what A'ishah (may Allah be pleased with her) narrated from the Prophet (peace and blessings be upon him) that he said:
There are three (persons) whose actions are not recorded: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason.
رفع القلم عن ثلاثة: عن النائم حتى يستيقظ، وعن الصبي حتى يحتلم، وعن المجنون حتى يعقلuntil he regains consciousness
حتى يفيقand Abu Dawud and al-Nasa'i and Ibn Majah in the Sunan. If he regains consciousness for a time in which he can perform prayer and the fasting of Ramadan, or Hajj if he is able, it is obligatory for him to perform what became obligatory upon him of acts of worship during his lucidity, due to the removal of the impediment. All the money left behind by this person of unsound mind belongs to him, and it passes to his heirs upon his death. It is their right, to be divided among them as Allah has prescribed. It is not permissible for your mother to take anything from it in exchange for nursing him and managing his affairs, and it is not permissible for her to take anything except what belongs to her from her share of his inheritance after the heirs are determined by the legal court. 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.