Answer: If the estate consists of property that was usurped and the rightful owners are known, the son must return it to them, for such ill-gotten gains are acts of injustice that may not be kept or taken possession of. Rather, they must be restored to their owners so that he may rid himself of their evil. It is impermissible for him to inherit them from his father while their owners are still alive. If, however, the owners are no longer present or cannot be identified, yet he knows the property was seized unlawfully, then he must give it away in charity, and its reward will go to those owners.

Question: Even if he is in dire need of it?

Answer: In that case he should refer the matter to the judge. If the judge finds, for example, that he is poor and in need, he will look into his situation and verify his circumstances.

Question: If he does that and gives it in charity, will his father then be cleared of liability?

Answer: Allah knows best; that is left to Allah—glorified and exalted—to judge between them. Whoever dies without having repented of a wrongdoing leaves his affair to Allah. However, if the son gives it in charity, the heirs will be safe from its evil, and the reward will go to the rightful owners.

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Purchasing in Order to Deprive the Heirs

Question: I had an uncle who had neither wife nor children and who owned a piece of farmland. I was the one who supported him, providing everything he needed—housing, food, drink, and clothing—without payment, treating him as I would my own father. My father has passed away, and my uncle has another brother. I wanted to buy the farmland from my uncle because he was unable to work, and I also intended to prevent my other uncle—his brother—from getting it. I purchased it with my uncle’s willing consent and without coercion, and I asked three people to witness the sale.