Q: My grandfather died and left behind my mother and my uncle as heirs. The (Part No. 16; Page No. 490) competent judge has issued us the title deed of inheritors, and appointed my mother as guardian of my uncle as he is mentally disabled. She continued to take care of him in my father's house after the death of my maternal grandfather, and he (my uncle) died after suffering from an illness that lasted for eight months. He remained under the care and nursing of my mother for more than sixteen years. Neither his uncle nor my father's cousin offered her any help.The question now is:a- Is the person mentioned exempted from legal obligations such as, Salah (Prayer), Sawm (Fasting) and Hajj? B- He left behind a sum of money; is this sum for my mother only in return for nursing and fostering him? Or do her uncle and cousin have shares in it?Please advise us. May Allah reward you best! Does the ruling on money apply to his property?

A: A mentally disabled person who is not able to regain consciousness for even a period of time in which he can perform his legal obligations like, Salah, Sawm and Hajj, will be exempted from performing them, for they are not obligatory for him. It is narrated by `Aishah (may Allah be pleased with her) that the Prophet (peace be upon him) said: There are three (persons) whose actions will not be accounted: A sleeping person till they awake, a child till they reach puberty and an insane person till they recover. In another narration: till they regain consciousness. Related by Imam Ahmad in his Musnad, (Part No. 16; Page No. 491)  Abu Dawud, Al-Nasa'y, and Ibn Majah in his Sunan Book. However, if this mentally disabled person regains his consciousness for a period of time in which he can perform Salah, Sawm during Ramadan, or Hajj provided that he is financially able to perform it, he should perform all his legal obligations at the time he regains his senses. The property left by this person should be transferred to his heirs after his death. It should be distributed to them according to the legal ways of inheritance. Moreover, it is impermissible for your mother to take any thing from this money in return for nursing him and taking care of him. She is only allowed to take what she is entitled to from the inheritance after the listing of the heirs by the competent court. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.