Spending deposited money after the depositor’s death contrary to the depositor’s wishes

Question

Question: For a need of his own, Zayd asked one of his relatives, say Jamal, for a loan of some money. Jamal said: “My mother’s money is kept with a certain man; she placed it with him in trust (amana) through me. I will have it given to you: spend it, and when it is needed, you will repay it.” So Jamal and Jamal’s brother Kamal gave that money to Zayd, and Zayd spent it on his own needs.

Answer

Hinda’s husband has absolutely nothing to do with this money; he has no right at all to demand it. The item of Zayd’s that he stole and is keeping must be returned. If Hinda was agreeable to her uncle having spent that money on the needs of her wedding, then it is not now binding on Zayd to give that money to Hinda a second time.

Source: Fatawa Mahmudiyya

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