What Is To Be Done With The Inheritance of A Person who is Mentally Impaired? Ask Shaykh YQ #177
Channel: Yasir Qadhi
Series: Yasir Qadhi - Ask Shaykh YQ
File Size: 6.38MB
Sr shouta Mila, from Bangladesh, she emails and she says that her father passed away and she has a number of siblings. One of those siblings is special need and is mentally impaired. And she is now saying what is to be done with the inheritance of her father? Does a child with disabilities while he's no longer child, so this is an adult? Does the adult with disabilities mental disabilities get the same inheritance as the rest of the children? That is the question that our sister is asking. One.
ami COVID, Nika Illa de Jalan, no, hey, la him first.
And the responses that were firstly talking about mental impairment, such that to the level that finances cannot be managed, right? If a person is, you know, there are some people that are maybe slightly autistic, but you know, they understand and maybe even they're super smart in some areas, right. But maybe their communication skills might be a little bit lacking, we're not talking about that category, much less a physical impediment, somebody that is not able to walk properly, or somebody has visual or hearing issues. But mentally, they're normal. In fact, they need more money more than anybody else. So we're not talking about any type of impediment, except a mental
impediment that causes a person to not be able to function normally in society to the point that they cannot manage money, right? So there are people that, you know, Allah has tested them and their families that they're not able to do that. So if that is the level of the impairment, then in this case, I say that, technically, this person does inherit the money, technically it is that person's, but that person will not be handed the money, right? Rather, the siblings can one of them who is trustworthy can take charge of managing it on his behalf. And that sibling, or anybody else will then spend of that money to maintain this person. So does that child inherit? Yes, but because this
young man or young lady who's mentally impaired cannot, you know, give you cannot give money in their hand, they're not understanding what it is, somebody can manage that money in a wise manner in an ethical manner, somebody who fears Allah subhana wa Tada. and preferably, somebody should also monitor every once in a while that you know, it is actually being done, and the money must be spent on the recipient. And of course, this is a special needs person. So you're going to have special housekeepers, you're going to have special medical, you're going to have something of this nature that can be taken from this money. However, you cannot just give this money over to the siblings as
if he didn't exist Not at all, he gets the same share as the full brothers, but somebody is going to manage and spend it on this person. Now, suppose this family is in dire poverty, and really, finances are so tight that they cannot live normal lives, and they need to access this wealth. In this case, we can say that the the people that are living with this brother, the actual siblings that are taking care of this brother, they may take a stipend or a salary, that is the normal salary that is given to a caretaker. And the expenses of the house may be shared, not fully shared. So if there's four people in the house, and one of them is this brother, then 1/4 of the expenses of the
house, so the bills and electricity and the maintenance and so with my roof and with that, which is equitable and fair and just and you have to answer to Allah not to attacks auditor, you have to answer to Allah that we really, you know, we're desperate for this money. So we took a portion for our general expenses that is also benefiting the brother, right? So the general expenses of the house a portion of those expenses divided in an equitable manner. So you're going to use that money for his immediate needs, if he has any special caretakers, any special equipment, anybody coming to do some type of, you know, services with him or for him or teaching or whatever it might be done.
Definitely, without a doubt that will be taken from this person's share. Generally speaking, you know, you don't you know, charge your your son or your daughter, you don't charge your your, your sibling, you know, every single piece of Apple that you get or something, you don't do it. That's very petty, and you don't do that. And that should be the default. But suppose circumstances are so difficult. In this case, we say that, okay, we understand that you have a good amount that is just in the bank, and everybody's living in the same house. So then a stipend that is reasonable for the maintenance that the other brothers and siblings who are doing that live, not the ones that are
away, they're nothing, they're not helping this, so it's still in
Must go indirectly now not directly but indirectly for the maintenance of this brother. And if a person does so, then no problem Allah says in the Quran that and this is with regards to the orphan that do not touch their money until they until they become older. But if you must then remember they are your brother went to Hollywood for a cuando con la jolla Alamo move see the middle Muslim and Allah knows the one who wants to do good from the one who wants to do evil. Allah knows what is your intention, how much you're taking, what is your Nia how careful you want to be Allah knows and Allah will judge based upon your intentions and I hope that answers that question.