He died and I have 3,000 Riyals that I owe him
Question :
I had a Yemeni man as a painter at my house. Then, Allâh's Decree overcame him and he died in a car accident. I owe him the sum of 3,000 riyals and there is no one present to whom I can pay the money for him. I requested from the judge in our land to take the sum of money, but he refused with the argument that I should keep it with me until his heir comes. Now it has been more than a year since he died. I asked some of the Yemenis about him whom he used to live with and they said that he has a brother who will come to take what is due to him of rights. A period of time passed and no one came to take what was due to him. I would like some direction concerning the way to clear myself of responsibility regarding this and get rid of this money that is weighing heavy on my shoulder. May Allah protect you.
Answer:
You must look after the dues of this worker that you have until his heir comes, and you are certain that it is the heir and you give the money to him. You should keep it as long as you know that he has a brother who will come to take his brother's right that is with you, even if the time becomes long. You may also invest it for him in business and so forth, and that is good. If you are able to submit to the court in your area what you have that is due to him that will suffice you. If you do this, you should take a legal document (i.e., receipt) from him that he received that from you. That is safer and easier for you. May Allah send blessings and peace upon our Prophet Muhammad, his family and his Companions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 3 Page 434
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