What Happens to Money Given to a Sick Person Before His Death?

QUESTION

Assalamu Alaikum wa Rahmatullahi wa Barakatuh, Sheikh.

I have a question concerning money given to a sick person who was receiving treatment in a hospital.

A man became seriously ill and was admitted to hospital. He had a large family. Some people who visited him brought money for him. However, because of the circumstances, they gave the money to some members of his family to hand over to him.

Some of those entrusted with the money kept part of it instead of giving it to the sick man. Later, Allah decreed that the man passed away.

What is the Islamic ruling concerning the money that was withheld? Who is entitled to it now?

ANSWER

Wa Alaikumus Salam wa Rahmatullahi wa Barakatuh.

May Allah have mercy on the deceased, forgive him, and grant his family patience and strength.

In a case such as this, the first and most important question is:

Who did the person giving the money intend to give it to?

The ruling depends on the purpose for which the money was given and the capacity in which the person receiving it was acting.

1. If the Money Was Intended for the Sick Person

If the visitor gave the money specifically for the sick person and asked a family member to deliver it to him, then the money belongs to the sick person. The family member who received it was merely acting as an agent or trustee for the purpose of delivering it.

For example, if someone said:

“Please give this ₦50,000 to him.”

the person entrusted with delivering the money does not become its owner simply because the money passed through his hands.

Keeping the money for oneself without the permission of the person who gave it or the person for whom it was intended would therefore be a breach of trust.

Allah says:

﴿إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا﴾

Transliteration:
Inna Allāha ya’murukum an tu’addul-amānāti ilā ahlihā.

English translation:
“Indeed, Allah commands you to render trusts to whom they are due.”

(Qur’an 4:58)

Therefore, a person entrusted with money for someone else cannot simply treat it as his own.

2. What If the Sick Person Died Before Receiving the Money?

If it can be established that the money was intended for the deceased and had become his property, but he died before it was physically handed to him, the money does not automatically become the property of the person who was holding it.

Rather, it should be treated as part of the deceased's estate, provided that the circumstances establish that he was indeed the intended recipient and owner.

Allah explains the distribution of inheritance after the fulfilment of relevant prior obligations, saying:

﴿مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ﴾

Transliteration:
Min baʿdi waṣiyyatin yūṣī bihā aw dayn.

English translation:
“After any bequest he may have made or debt.”

(Qur’an 4:11)

Thus, if the money belonged to the deceased, it should be included in his estate and dealt with according to the rules of Islamic inheritance, after the applicable funeral expenses, debts and valid bequests have been dealt with.

The fact that the deceased never physically held the money in his hand does not, by itself, make the money belong to the person who was entrusted with it.

3. If the Money Was Actually a Gift to the Person Who Received It

The situation is different if the visitor intended to give the money directly to the family member who received it.

For example, if the visitor said:

“This is for you. Please use it as you wish.”

then the money is a gift to that person, assuming the circumstances establish that this was genuinely the donor's intention.

It would therefore be incorrect to assume that every amount of money handed to a family member at a hospital automatically belongs to the sick person.

The intention and circumstances of the giver matter.

4. What If the Intention Is Unclear?

Sometimes the situation may not be straightforward.

One person may say:

“The money was meant for the patient.”

while another says:

“No, it was given to the person who received it.”

In such a situation, people should not simply take the money for themselves or make accusations without investigation.

The circumstances should be examined carefully. Relevant questions include:

• What exactly did the donor say?
• Who did the donor name as the recipient?
• Was the money described as a gift, assistance, or money to be delivered to the patient?
• Were there witnesses?
• Is there a message, phone record, or other evidence showing the donor's intention?
• Was the person receiving the money acting personally or merely as an intermediary?

The objective should be to establish the donor's actual intention as accurately as possible.

5. The Hadith on Returning Trusts

The Prophet ﷺ said:

«أَدِّ الأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ، وَلَا تَخُنْ مَنْ خَانَكَ»

Transliteration:
Addil-amānata ilā man i’tamanaka, wa lā takhun man khānaka.

English translation:
“Return the trust to the one who entrusted you, and do not betray the one who betrays you.”

(Sunan Abī Dāwūd, 3535; Jāmiʿ al-Tirmidhī, 1264)

This hadith emphasizes the seriousness of fulfilling a trust and avoiding betrayal.

Therefore, a person who receives money specifically to deliver it to a sick person cannot lawfully convert that money into his own property without permission.

What If the Person Who Was Supposed to Receive the Money Has Already Died?

The answer depends on the circumstances:

If the money was given to the deceased:
It belongs to him, and if he died before receiving it, it may form part of his estate. It should then be dealt with according to the rules of inheritance.

If the money was given to someone else as a trust to deliver to him:
The person holding it must fulfil the trust. If the intended recipient has died, the money should be returned or delivered to whoever is legally entitled to it on behalf of the deceased's estate, rather than being appropriated by the trustee.

If the money was actually given as a gift to the person who received it:
It belongs to that person, provided this was genuinely the donor's intention.

If the intention cannot be established:
The matter should be investigated carefully, and where there is a serious dispute or substantial amount of money, the parties should consult a qualified Islamic scholar or appropriate authority who can hear the evidence from all sides.

In Summary

The fact that money was handed over at a hospital does not, by itself, determine who owns it.

The essential question is:

Who did the donor intend the money for?

If it was intended for the sick person and another person merely received it on his behalf, then that person was a trustee or agent, not the owner. If the sick person subsequently died before receiving the money, and his ownership of the money can be established, the money should be treated as part of his estate.

If, however, the donor intended the money as a personal gift to the family member who received it, then it belongs to that recipient.

Islam places great importance on protecting people's property and fulfilling trusts. When there is uncertainty, the proper approach is to establish the facts rather than simply assume ownership.

May Allah help us fulfil every trust, protect us from consuming the wealth of others unlawfully, and have mercy on those who have returned to Him.

Wallāhu Taʿālā Aʿlam — And Allah knows best.

Zauren Fatawoyi Bisa Al-Qur’ani da Sunnah

Zauren Fatawoyi Bisa Alkur'ani Da Sunnah.

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