What is the ruling in Islam regarding one who received a sum from the liquidation of family endowments that were previously distributed pursuant to a law issued years ago?
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The Shaykh : Here, a questioner asks: What is the ruling in Islam regarding one who received a sum from the liquidation of family endowments that were previously distributed pursuant to a law issued years ago?
The answer to such a question, within the limits of the text of the question, cannot be given; because he asks: What is the ruling in Islam? In theoretical, ijtihad-based matters, we cannot say: The ruling in Islam is such-and-such, unless there is an explicit text [from] the Book and the Sunnah regarding that matter. And this matter, as is clear, has no explicit text in the Book or in the Sunnah; therefore, the answer is: We see—and we do not say: This is the ruling in Islam—we see that this person was given a share of the endowment funds, and these endowments related to the family endowment were distributed; we say: If this person is poor, he takes it, and he is cautious about it; because what he takes is not entirely his right; because this is related to the lineage of the person, which will continue to multiply for as many years as Allah wills. So he and those who shared in taking it have taken the right of those who come after them. But if he is rich, it is not permissible for him to take it, and he should be scrupulous about receiving it, and let someone else take it, and let him save himself from taking the money of others.
This is what appears to me in the answer to that question.
The answer to such a question, within the limits of the text of the question, cannot be given; because he asks: What is the ruling in Islam? In theoretical, ijtihad-based matters, we cannot say: The ruling in Islam is such-and-such, unless there is an explicit text [from] the Book and the Sunnah regarding that matter. And this matter, as is clear, has no explicit text in the Book or in the Sunnah; therefore, the answer is: We see—and we do not say: This is the ruling in Islam—we see that this person was given a share of the endowment funds, and these endowments related to the family endowment were distributed; we say: If this person is poor, he takes it, and he is cautious about it; because what he takes is not entirely his right; because this is related to the lineage of the person, which will continue to multiply for as many years as Allah wills. So he and those who shared in taking it have taken the right of those who come after them. But if he is rich, it is not permissible for him to take it, and he should be scrupulous about receiving it, and let someone else take it, and let him save himself from taking the money of others.
This is what appears to me in the answer to that question.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
