The ruling on one who was given money by his deceased relative and remained silent about it
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Question: I am a woman whose husband passed away 35 years ago, leaving me with six children. My mother gave me a sum of money, but she did not specify whether it was for my children, as assistance, or as a trust. She left the money with me, and my mother has since passed away, and I do not know the ruling on the money in my possession. I have already disposed of it. Should I pay zakah from it? Or should I give it in charity? Please advise us, may Allah reward you with good.
Answer: If she gave it to you as a gift or assistance, it belongs to you alone, provided she has no descendants other than you, and there is no harm in that. However, if she gave it to you and remained silent, implying it was a trust, you must hand it over to the heirs, and you are one of the heirs. If she has no one else but you, it belongs to you by right of inheritance and return, provided she has no residuary heirs or descendants; in that case, it belongs to you by right of inheritance and return.
If she has other heirs, you receive your share, and the rest belongs to the heirs. If you have brothers with you, you and they share such that the male receives the share of two females. If you have only another daughter or daughters with you, you receive two-thirds, and the rest belongs to the residuary heirs. This matter should be referred to the court in your country, and Allah will make it clear to you, if Allah wills.
Answer: If she gave it to you as a gift or assistance, it belongs to you alone, provided she has no descendants other than you, and there is no harm in that. However, if she gave it to you and remained silent, implying it was a trust, you must hand it over to the heirs, and you are one of the heirs. If she has no one else but you, it belongs to you by right of inheritance and return, provided she has no residuary heirs or descendants; in that case, it belongs to you by right of inheritance and return.
If she has other heirs, you receive your share, and the rest belongs to the heirs. If you have brothers with you, you and they share such that the male receives the share of two females. If you have only another daughter or daughters with you, you receive two-thirds, and the rest belongs to the residuary heirs. This matter should be referred to the court in your country, and Allah will make it clear to you, if Allah wills.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
