QUESTION:
My father has some valuable items in his room at my grandparents’ house. As a child when I would visit him there, he would always tell me that he had given it to me and it belonged to me, but I never took it with me as I was a child. There is some jewellery and a coin collection. To the best of my knowledge, I was under the impression that the coin collection was his and the jewellery was his dadi’s, which she gave it to him before she passed away. While cleaning his old room up today with my dadi, I was made aware that everything there was my father’s dadis, and no one knows if it was given to him, or not. No one has touched it or anything. So my question is, will all of it still be mine as my father gave it to me, or what is the ruling on such a matter?
ANSWER:
It seems from your query that your father was the owner of the jewellery and coins which were in his possession at your grandparents’ home. This is the understanding that you have as well as what is mentioned in your query. If all the heirs of his Dadi’s estate accept that the items were gifted to him by his Dadi (in her lifetime), then the items will belong to him without any dispute.
On the other hand, if the heirs do not accept that his Dadi had gifted it to him, they will then be required to produce 2 male witnesses, or one male and two female witnesses, to attest that the jewellery and coins belonged to his Dadi, and were not gifted to him. If they are unable to produce the relevant witnesses, then your father will be made to take a Qasm that the items were gifted to him by his Dadi and it belongs to him. These oaths will have to be taken before a reputable Mufti or Darul Ifta.
المدعى: من لا يجبر على الخصومة إذا تركها ؛ لأنه طالب والمدعى عليه: من يجبر على الخصومة ؛ لأنه مطلوب (اللباب ص26 ج4)
(فإذا صحت الدعوى) من المدعي (سأل القاضي المدعى عليه عنها) لينكشف له وجه الحكم (فإن اعترف) بدعواه (قضى عليه بها) ؛ لأنه غير متهم (وإن أنكر سأل المدعي البينة) ؛ لإثبات ما ادعاه (فإن أحضرها قضى بها) لظهور صدقها (وإن عجز عن ذلك وطلب يمين خصمه استحلف) القاضي (عليها) ولابد من طلبه؛ لأن اليمين حقه (اللباب ص29 ج4)
Now, if it was concluded that the jewellery and coins belonged to him, then it will belong to you, as your father had gifted it to you in his lifetime. His taking possession of the goods on your behalf before you attained puberty is valid in terms of Shariah, hence you will qualify as the owner of the goods.
(الْمَادَّةُ 852) إذَا وَهَبَ أَحَدٌ شَيْئًا لِطِفْلٍ تَتِمُّ الْهِبَةُ بِقَبْضِ وَلِيِّهِ أَوْ مُرَبِّيهِ.
(الْمَادَّةُ 853) إذَا وُهِبَ شَيْءٌ لِلصَّبِيِّ الْمُمَيِّزِ تَتِمُّ الْهِبَةُ بِقَبْضِهِ إيَّاهُ وَإِنْ كَانَ لَهُ وَلِيٌّ. (شرح المجلة ص164)
On the other hand, if it is concluded that the jewellery and coins belonged to his Dadi and it was never gifted to him, then it will form part of his Dadi’s estate.
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Maulana Abdul Kader Fazlani
Date: – 04 Rabi ul Awwal 1445 / 20 September 2023
CHECKED AND APPROVED BY:
Mufti Mohammed Desai Saheb
