An attorney should take nothing except after the consent of the principal
Fatwa no. 21043 My father (may Allah be merciful to him) died and left money and real estate. We are two brothers, two sisters (none of us is minor) and a mother. We sold the real estate after completing the legal procedures including the determination of heirs. All of us took our respective shares and we donated one third of the inheritance following the will of our father to build a Masjid (mosque). He also appointed me in his will to find a place for the Masjid under the power of attorney. I worked hard until I found the place and got the approval of the Religious Endowments Ministry and the municipality and started in (Part No. 11; Page No. 156) building the Masjid, Al-hamdu lillah (All praise is due to Allah). I will furnish it with carpets and air-conditioners with a total cost of 303, 285 riyals.Your Eminence, I am diabetic suffering from hepatitis and arteriosclerosis. I also have a large family that consists of my wife and nine young children. I have enclosed a copy of the medical reports of my case. Is it legally permissible for me to take a sum of the money allotted for the matting, air-conditioning, and furnishing of the Masjid, taking into consideration that I have intended to give in Sadaqah (voluntary charity) in charitable ways on his behalf? Your Eminence Mufty (Muslim scholar qualified to issue legal opinions), may you kindly clarify this issue for me. May Allah safeguard you.
A: It is obligatory on you to spend the rest of the one third after completing the Masjid according to the terms of the will through paying Sadaqah to the poor and charitable projects.You are not allowed to take any of this money because you are only an agent and agents are not allowed to take from the money trusted to them except after the permission of the authorizer. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
After the death of m...
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