A deceased person's car as the property of the heirs

Q 2: My brother died and left behind a truck which I sold. He also left a wife, a daughter, his mother and a sister. Do they have a share in the money from the truck? My niece receives a salary from the social security and some Sadaqah (voluntary charity); is it permissible for me to take the money she receives? It should be mentioned that I treat her kindly as if she is my daughter by buying her all that she needs.


A: Your brother's truck should be given to his heirs. You have to refer to the competent court to specify the heirs and give them their rights. You have to keep the money paid from the social security and Sadaqah to your niece till she grows up, then give it to her in full, for this is an orphan's money and it is impermissible to use it unlawfully. However, if she does not deserve Sadaqah, it is impermissible to take it for her. You can buy anything she needs from her money. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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