What is the obligation of heirs regarding a specific deposit left by the deceased?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

The heirs of a deceased person who held a known, identifiable deposit must allow the owner to take possession of it. If the heirs are unaware of the owner's identity following the death, they are obligated to inform the owner. They may not retain the property before the owner is notified, as they were not entrusted with it, and the property is considered the property of another in their hands. This situation is analogous to a situation where wind blows an item into someone's house; the possessor must inform the owner, and failure to do so when possible results in liability (Daman).