Delivering the deposit to the heirs
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Fatwa number ( 18558 )
Q: A colleague of mine, referred to as A. A. A., was involved in
a traffic accident and died as a result. Two months before his death, he traveled to his wife's uncle's place, accompanied by his wife. He had left two trusts with me: one inside a sealed envelope, and the other exposed. He informed me that what was inside the envelope belonged to a friend of his in the Eastern Province, and did not belong to him; he intended to travel to his place after returning from the trip to deliver it. As for the exposed item, I know it belonged to him and to no one else. After he died, I opened the envelope to find out the owner's name, but I did not find a name. I delivered the exposed item to his family, knowing it was his. However, I did not deliver the item in the envelope to them, nor did I inform them about it to this day. I wish to be given a ruling on the following: Should I deliver it to his relatives even though it is not theirs? Or should I sell it and pay its value to the one who is entitled to it on his behalf, since it was his? Or should I keep it until someone inquires about it? No one has inquired about it for seven months, and I am afraid that the person may not have learned of his friend's death. May Allah reward you with the best reward.
A: It is obligatory for you to deliver the aforementioned envelope to the heirs of the aforementioned deceased and inform them of the situation. If they are truthful in this matter, they must work to clear the estate of their deceased relative by searching for the aforementioned person in the Eastern Province through his friends and acquaintances there and elsewhere. If he is found, it is to be delivered to him. If no one is found, and it becomes likely after a sufficient period of time that he cannot be located, it is to be given in charity on behalf of its owner. If the heirs are not truthful in this matter, you are to deliver it to the judge of the town from you, and the judge has the required Shari'ah procedures for such cases.
If you find it, give it in charity on behalf of its owner. If the heirs are not truthful about that, deliver it to the judge of the town before you; the judge has the required Sharia procedures for such cases.
Q: A colleague of mine, referred to as A. A. A., was involved in
a traffic accident and died as a result. Two months before his death, he traveled to his wife's uncle's place, accompanied by his wife. He had left two trusts with me: one inside a sealed envelope, and the other exposed. He informed me that what was inside the envelope belonged to a friend of his in the Eastern Province, and did not belong to him; he intended to travel to his place after returning from the trip to deliver it. As for the exposed item, I know it belonged to him and to no one else. After he died, I opened the envelope to find out the owner's name, but I did not find a name. I delivered the exposed item to his family, knowing it was his. However, I did not deliver the item in the envelope to them, nor did I inform them about it to this day. I wish to be given a ruling on the following: Should I deliver it to his relatives even though it is not theirs? Or should I sell it and pay its value to the one who is entitled to it on his behalf, since it was his? Or should I keep it until someone inquires about it? No one has inquired about it for seven months, and I am afraid that the person may not have learned of his friend's death. May Allah reward you with the best reward.
A: It is obligatory for you to deliver the aforementioned envelope to the heirs of the aforementioned deceased and inform them of the situation. If they are truthful in this matter, they must work to clear the estate of their deceased relative by searching for the aforementioned person in the Eastern Province through his friends and acquaintances there and elsewhere. If he is found, it is to be delivered to him. If no one is found, and it becomes likely after a sufficient period of time that he cannot be located, it is to be given in charity on behalf of its owner. If the heirs are not truthful in this matter, you are to deliver it to the judge of the town from you, and the judge has the required Shari'ah procedures for such cases.
If you find it, give it in charity on behalf of its owner. If the heirs are not truthful about that, deliver it to the judge of the town before you; the judge has the required Sharia procedures for such cases.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.