Placement under Guardianship and Signs of Maturity: Returning Gift Money Used for Funeral Expenses Under Court Freeze
Practical Laws of Islam as per the teachings of Imam Khamenei
Placement under Guardianship and Signs of Maturity: Returning Gift Money Used for Funeral Expenses Under Court Freeze
English:
Question #1879:
Before his death, a person gave a sum of money to his nephew as a gesture of appreciation for the services he performed. However, the property of the deceased person had been frozen by a court injunction. The nephew spent the money his uncle had given him on the expenses of the funeral and other matters concerning the deceased. Is the court justified in demanding that the nephew return the sum of money he got from his uncle?
Answer #1879:
Should the money that was given by the uncle be among his frozen property, or it was the property of others, the uncle should not have given it to his nephew. By the same token the recipient should have no right of ownership over the money. Accordingly, the court has the right to demand the return of the money. Otherwise, no one has the right to retrieve the money.