Is Using a Relative’s Money Allowed During Genuine Hardship?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My grandfather was in a coma for a month with a brain hemorrhage. Doctors confirmed he was brain-dead and wouldn’t wake. His brother abroad paid his hospital bills, and my mother visited him. She used his money early because she had no food or shelter for over three weeks. My grandfather only has his brother and an unmarried daughter. His brother said he doesn’t want the money. Was this haram or halal? Did she need to wait until he fully died?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I hope you are in good health and faith. Thank you for your question.
It was fine for your mother to use the money, as the family was aware of it. Additionally, it is only when a person dies that the deceased’s estate cannot be used without the consent of the potential heirs.
The estate and wealth of the deceased are distributed in the following manner:
- Payment of funeral and burial expenses
- All monetary debts, and any Islamic will (wasiyya) from one-third of the wealth, including religious liabilities like unpaid Zakat and fidya.
- You may leave a will urging heirs to support each other after a parent’s death and distribute accordingly.
- The remaining assets will be distributed among inheritors per Islamic Sacred Law, with the guidance of a reliable Mufti or scholar. [Sajawandi, al-Siraji fi al-Mirath]
I would like you to go through the valuable answers and links below. You will receive guidance and direction insha’Allah.
Related
Why not begin your search for knowledge by signing up for a course on SeekersGuidance?
I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
