He gave his brother a sum of money as a favor, and when the brother died, he bequeathed the return of this sum to his brother. Is it permissible for the brother to take this sum?
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Fatwa number ( 2816 )
Q: I have a brother who came to visit me. I was working in a city other than the town where my family and I live. I gave him a sum of money as a favor, and I did not intend it to be a loan, nor would I demand it back on any day. He knew this. He took the money and returned to our town, where he and our family reside. He used this sum to help with his marriage, and his wife lived with him for a period of time. Later, there was a dispute between them, and the wife became defiant. After that, my brother bequeathed to me the sum as a debt owed to me, and he provided witnesses for it. He then lived for a period of time until Allah took him. When I returned to my town after my brother’s death, I was informed of the bequest. His wife demanded that I present her share of her husband’s estate, and I demanded the bequest that my brother had made to me, which was the sum I had previously given him as a favor. She actually delivered her share of the bequest, which was the debt my brother had bequeathed to me, and I collected it from her. She then divided her share of the
estate afterwards. Please advise us, may Allah reward you with good, about the bequest my brother made, for I fear that he intended to harm his wife with it.
A: If you gave it to him as charity from you, and he accepted it knowing that it was charity, then it should not be returned; because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2386Sahih (Darussalam) agreed upon by al-Bukhari and Muslim. Based on this, the ruling on this sum is the same as the ruling on his wealth, and you must return it to his heirs. If you are an heir, then you have your share of it by inheritance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a brother who came to visit me. I was working in a city other than the town where my family and I live. I gave him a sum of money as a favor, and I did not intend it to be a loan, nor would I demand it back on any day. He knew this. He took the money and returned to our town, where he and our family reside. He used this sum to help with his marriage, and his wife lived with him for a period of time. Later, there was a dispute between them, and the wife became defiant. After that, my brother bequeathed to me the sum as a debt owed to me, and he provided witnesses for it. He then lived for a period of time until Allah took him. When I returned to my town after my brother’s death, I was informed of the bequest. His wife demanded that I present her share of her husband’s estate, and I demanded the bequest that my brother had made to me, which was the sum I had previously given him as a favor. She actually delivered her share of the bequest, which was the debt my brother had bequeathed to me, and I collected it from her. She then divided her share of the
estate afterwards. Please advise us, may Allah reward you with good, about the bequest my brother made, for I fear that he intended to harm his wife with it.
A: If you gave it to him as charity from you, and he accepted it knowing that it was charity, then it should not be returned; because the Prophet (peace and blessings be upon him) said:
The one who takes back his gift is like the dog that goes back to its vomit.
العائد في هبته كالكلب يعود في قيئه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.