Ruling on giving charity from the property of a person of unsound mind
Machine translationRead the Arabic original
An elderly woman lives with one of her daughters. This woman has money, and currently, her mind is not sound. Before her mind became this way, it was her habit to give money to her daughters' children during Ramadan or during the festivals, and she would also feed people during Ramadan. Now, the daughter is doing what the mother used to do previously.And the people disapproved of her, saying: Is it permissible to do this? What is your opinion, Your Eminence?
Yes.
The correct view is to disapprove of it. It is disapproved of for the daughter to dispose of any of her mother's money now; because when her mother was of sound mind, the matter was in her hands, but when her mind became impaired, she must have a guardian. For this reason, we say she should not dispose of any of her money except after obtaining guardianship from the court. It is obligatory for her now to go to the court and inform the judge of the situation, and request guardianship over her mother.
The questioner: Does the guardian have the right to do the same thing?The Shaykh: If he becomes a guardian, he does not dispose of her money except in what is obligatory, as for voluntary giving, he does not dispose of anything in it.
Yes.
The correct view is to disapprove of it. It is disapproved of for the daughter to dispose of any of her mother's money now; because when her mother was of sound mind, the matter was in her hands, but when her mind became impaired, she must have a guardian. For this reason, we say she should not dispose of any of her money except after obtaining guardianship from the court. It is obligatory for her now to go to the court and inform the judge of the situation, and request guardianship over her mother.
The questioner: Does the guardian have the right to do the same thing?The Shaykh: If he becomes a guardian, he does not dispose of her money except in what is obligatory, as for voluntary giving, he does not dispose of anything in it.