A depositor's death leaving no known heirs

Q 6: A man had a friend who used to come to his place to sell and buy some things like gold and jewelry. Once, that friend left some gold and jewelry with the concerned man as a trust. A period passed before the owner of the gold died while the man in question did not know the heirs thereof; what should be done with such things that belong to the deceased and that are with his friend? Should he deliver these things to Bayt-ul-Mal (Muslim treasury) or should he give it in Sadaqah (voluntary charity) on their owners' behalf. On the other hand, in case it is permissible for him to sell such things, is it permissible for him to buy them for himself for the price which is estimated for them after offering them to people?


A: In the case that the man does not doubt the death of the other man who left a trust with him, the former has to do his best to find (Part No. 15; Page No. 412) the heirs of the latter and give them the trust of their deceased relative. However, in the case that he can not find the heirs; he has to give the trust as Sadaqah on behalf of its owner. Whenever he knows the inheritors, he should tell them about the matter. These inheritors may approve of the Sadaqah or he will have to give them the value of the trust and will receive the reward of the Sadaqah. On the other hand, the man in question is not permitted to buy such a trust because this will make him subject to suspicion. However, such a purchase will be considered permissible in case the value of the trust is estimated by a committee that belongs to the Islamic Legal Court. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


Tags: