The death of the depositary and the unknown status of his heirs
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The sixth question of Fatwa No. ( 7946 )
Q6: A man had a partner who would come to him to buy and sell certain items, such as gold and jewelry. Then he left some of these items with him as a trust and then left him. After a period of time, he heard that he had died. Now, his heirs are not known. What should he do with these items that are in his possession? Should he hand them over to the public treasury, or should he give them in charity on his behalf? And if it is permissible for him to sell them, is it permissible for him to buy them for himself at the price they fetch after being offered to the people?
A6: If the death of the person for whom he holds a trust is confirmed, he must exert his utmost effort to inquire
about his heirs and identify them, and to return the trust to the heirs of the deceased. If identifying them proves impossible, he should give it in charity with the intention that it is for the owner. Once he is able to identify them, he should inform them of what he did. If they approve, that is fine; otherwise, he should hand it over to them, and the charity will be on behalf of the deceased. It is not permissible for him to buy from himself the trust that is in his possession, because it is a cause for suspicion. However, if its value is assessed by a committee from the Sharia court, and he wishes to take it for the price assessed by the committee, that is permissible.
Q6: A man had a partner who would come to him to buy and sell certain items, such as gold and jewelry. Then he left some of these items with him as a trust and then left him. After a period of time, he heard that he had died. Now, his heirs are not known. What should he do with these items that are in his possession? Should he hand them over to the public treasury, or should he give them in charity on his behalf? And if it is permissible for him to sell them, is it permissible for him to buy them for himself at the price they fetch after being offered to the people?
A6: If the death of the person for whom he holds a trust is confirmed, he must exert his utmost effort to inquire
about his heirs and identify them, and to return the trust to the heirs of the deceased. If identifying them proves impossible, he should give it in charity with the intention that it is for the owner. Once he is able to identify them, he should inform them of what he did. If they approve, that is fine; otherwise, he should hand it over to them, and the charity will be on behalf of the deceased. It is not permissible for him to buy from himself the trust that is in his possession, because it is a cause for suspicion. However, if its value is assessed by a committee from the Sharia court, and he wishes to take it for the price assessed by the committee, that is permissible.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.