The obligation to return the inheritance to the Bayt al-Mal of the Muslims if the deceased’s heirs are unknown
Machine translationRead the Arabic original
A slave was manumitted by his uncle before (45) years ago. His uncle passed away, so he served my father, then he grew old, became ill, and died. I have some of his money, and he did not bequeath anything to me. What should I do with it?The Shaykh: Do you have some money belonging to this freed slave?The questioner: Yes, and he has no guardian other than Allah (Mighty and Majestic).
The Shaykh: Did his master die before him?The questioner: Yes.
The Shaykh: Then he died?The questioner: Then he died recently.
The Shaykh: His 'asabah (residuary male heirs) are the 'asabah of the manumitted slave, those who are 'asabah for themselves.
The questioner: I mean: should we look for his heirs?The Shaykh: No,Meaning: Kinship?The questioner: No, he has no blood relatives.
The Shaykh: And do you know of any relatives of his by blood?The questioner: No, we do not know of any.
The Shaykh: So the inheritance is yours, you who are the sons of the son of the manumitted slave.
The questioner: The one who freed him is not my father.
The Shaykh: The grandfather?The questioner: Not my grandfather, but another person. We only knew him 45 years ago, and he was sitting.
The Shaykh: I mean: there is no kinship between you and him?The questioner: There is no kinship between us and him, no manumission, and nothing else.
The Shaykh: Yes,So it means: It is not known now that he has an heir, neither by kinship nor by clientage.
The questioner: Yes, that is right.
The Shaykh: Okay, does this grandfather who freed him have any children?The questioner: He may have children, but we do not know them.
The Shaykh: You do not know them?The questioner: Yes.
The Shaykh: So return it to the court, to the Bayt al-Mal.Meaning: Everything he left behind now must be in the Bayt al-Mal. Go to the court.
The questioner: Should we not put it in a mosque, or in something else?The Shaykh: No, absolutely not; because he did not make a bequest, so it will be in the Bayt al-Mal. You have no right to dispose of it.
The Shaykh: Did his master die before him?The questioner: Yes.
The Shaykh: Then he died?The questioner: Then he died recently.
The Shaykh: His 'asabah (residuary male heirs) are the 'asabah of the manumitted slave, those who are 'asabah for themselves.
The questioner: I mean: should we look for his heirs?The Shaykh: No,Meaning: Kinship?The questioner: No, he has no blood relatives.
The Shaykh: And do you know of any relatives of his by blood?The questioner: No, we do not know of any.
The Shaykh: So the inheritance is yours, you who are the sons of the son of the manumitted slave.
The questioner: The one who freed him is not my father.
The Shaykh: The grandfather?The questioner: Not my grandfather, but another person. We only knew him 45 years ago, and he was sitting.
The Shaykh: I mean: there is no kinship between you and him?The questioner: There is no kinship between us and him, no manumission, and nothing else.
The Shaykh: Yes,So it means: It is not known now that he has an heir, neither by kinship nor by clientage.
The questioner: Yes, that is right.
The Shaykh: Okay, does this grandfather who freed him have any children?The questioner: He may have children, but we do not know them.
The Shaykh: You do not know them?The questioner: Yes.
The Shaykh: So return it to the court, to the Bayt al-Mal.Meaning: Everything he left behind now must be in the Bayt al-Mal. Go to the court.
The questioner: Should we not put it in a mosque, or in something else?The Shaykh: No, absolutely not; because he did not make a bequest, so it will be in the Bayt al-Mal. You have no right to dispose of it.