• Transactions & Dealings >> Inheritance & Will

    Question ID: 43695Country: India

    Title: Gold ornaments given to mother and after her death can the same son claim it back or steal without telling elders and father who is caretaker

    Question: My brother has given gold ornaments to my mother few years back, after her death my father has wholeheartedly asked everyone in front of her janazah that does the marhuma owes any one anything, is she due to someone or has she made any commitment which I can fulfill no one replied. But suddenly we noticed that some of her ornaments are missing when enquired my brother was in Dubai he said that I have given the said ornaments and I have taken but he has not asked my father permission for the said thing instead it looks he has stolen the same from the cupboard locker. Please clarify as to how far he is correct or what Shariah says in this incident.

    Answer ID: 43695

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 262/262/M=1434) If the brother gave the ornaments to your mother as loan or trust then he may take it back. But if he gave it as gift and made the mother its owner then after the death of the mother those ornaments became inheritance and all the Shariah heirs shall have their rights in it. It is not right for the brother to take it alone. It amounts to embezzle the shares of others which is unlawful.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India