My father passed away without any of his adult children being present, as my mother was performing Hajj, so my father’s brother from his father’s side fulfilled his duty toward his brother.

The questioner : My father passed away without any of his adult children being present, as my mother was performing Hajj, so my uncle, my father’s brother from his father’s side, fulfilled his duty toward his brother in the best possible way and more, spending a great deal from his own pocket. The question is: Are we obligated to pay him, to pay our uncle the money he spent on the day of our father’s death, given that we tried many times to give him the money but he refused to accept it, claiming that they are his brothers? What is the ruling in the Shari'ah, in your view, regarding our father, who was shrouded in a shroud and for whom sacrificial animals were slaughtered with money that was not his? Please inform us; may Allah reward you with good.

The Shaykh : The answer is that there is no blame in this, meaning in your uncle preparing for his brother from his own wealth. By doing so, he is making a donation, seeking reward and recompense from Allah (Glorified and Exalted is He). What I love for you is to accept what he has donated and not to put him in an awkward position by forcing him to take what you are offering him. The matter is broad in this regard, and he is to be thanked for his work and rewarded for it, if Allah wills. However, it was mentioned in the questioner’s inquiry that he prepared for him and slaughtered the sacrificial animals that are slaughtered for him. I do not know what these sacrificial animals are? Because it is not in the Shari'ah of the Prophet (peace and blessings be upon him) to slaughter for the dead after their death. In fact, the righteous predecessors considered preparing food at the deceased’s home and gathering there to be part of wailing. There is no doubt that slaughtering sacrificial animals on the days of death, or after a week of death, or after forty days of death, or similar to that which some people do, is without doubt one of the religious innovations that our righteous predecessors did not do. The best guidance is the guidance of the Prophet (peace and blessings be upon him), and it is what the believer must follow and hold onto. The Messenger of Allah (peace and blessings be upon him) used to declare in his sermons that the best speech is the Book of Allah and the best guidance is the guidance of Muhammad (peace and blessings be upon him). These sacrificial animals that are slaughtered on this occasion, in addition to being a religious innovation that leads to sin, are also a waste of wealth. The Prophet (peace and blessings be upon him) forbade the waste of wealth. It is a sin, especially if the heirs are minors and these moneys are taken from the estate, in which case that would be encroaching upon the wealth of orphans with no good in it. And Allah the Exalted said: And Allah is the Helper.

The questioner : May Allah bless you.
This is a message from a man of Syrian nationality residing in Baghdad. He says in his message.