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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The son’s disposal of his father’s wealth, who has lost his memory

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Question:
Honorable Shaykh, my father is an elderly man who has lost his memory. He is with me in my house, and I take care of him. He has wealth, so I give charity from it, and I sacrifice an animal on his behalf from his money, and so on, even though I have other brothers. Is it necessary for me to seek my brothers’ permission to do this?

Answer:
The wealth is not his to own or spend as long as its owner is alive; it belongs to its owner. He has nothing, and it is not permissible for you to dispose of it except by preserving it, increasing it, and paying its zakah. As for giving charity from it, or giving it as a gift, or doing this, it is not permissible. It is not permissible to dispose of it. You must preserve it and increase it. If increasing it is through buying and selling, and you pay its zakah every year, that is obligatory. If your father has debts, you settle them for him. You also settle the rights that are obligatory upon your father. As for donations, charity, bequests, and the like, you do not do that; it is not permissible. You have no right to do so, and your brothers have no right to do so, as long as the owner of the wealth is alive and present. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرجعة، وباب الإيلاء والظهار والكفارة — islamhouse.com (1:16:17)

The Arabic text is a machine transcription of the audio recording.

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