A deposit as the right of the depositor's heirs


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Q: I used to have an old sick sister who received social security allowance. She used to keep the money she received with me. She had a married daughter with whom she sometimes used to live. At other times my sister would live with me. Any way, my sister died at my house saying to me: "Give my daughter from my money whenever she is in need". My sister did not mention whether this money was a gift for me or a trust. It may be worth mentioning that the total amount of this money reached twenty thousand riyal. What should I do? Please provide me with your guiding answer.


A: The circumstances that your sister had, make it clear that she left the money with you as a sort of a trust that you have to keep. An indication which supports the foregoing is that your sister entrusted you to give her daughter from this money whenever the latter is in need. Moreover, the concerned money is not a gift for you because nothing signifies that. Consequently, (Part No. 15; Page No. 431) the money in question is the right of your sister's inheritors. It should be divided amongst them according to Shari`ah (Islamic law). You are not allowed to receive any part of it. However, in the case that you are one of the inheritors; you are entitled to take only your Shar`y (Islamic legal) share out of that money. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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