Money of a deceased person who left no relatives
15-2-2006 | IslamWeb
Question:
When a person who saves money in the house of his friend. Suddenly dead and without any agreement and without leaving behind any relatives or anybody to claim. So what that friend can do he take his money or what?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the dead does not have any heir to inherit him, but has a relative who is not an heir, then the scholars
differed in opinion on the ruling of him inheriting the dead. The most preponderant opinion, Allaah Knows best, is that he comes in priority over the public Muslim treasury, this is the view of the Hanafi and Hanbali schools. Their evidence is the Saying of Allaah (which means): {But those of [blood] relationship are more entitled [to inheritance] in the decree of Allaah.}[Quran 8:75]. Allaah further Says (what means): {For men is a share of what the parents and close relatives leave.}[Quran 4:7]. Furthermore, the Prophet 
said: "The maternal uncle is an heir for whoever does not have any heir." [Ahmad, Abu Daawood, Ibn Maajah, and At-Tirmithi] So, the controversy is to give it to the treasury or to the non-relatives inheriting, but if there are no relatives, then there is no disagreement that the inheritance is for the treasury if it really does its work as required and according to the norms. However, if the treasury does not utilize the money properly, or that it does not exist at all, then the inheritance should be given to the public interests of the Muslims. Therefore, it is not permissible for you to take this money and you are obliged to put it in the treasury if it exists and does its work as required and according to the norms, otherwise you should spend it on the general interest of the Muslims. If you are among the people who deserve this money and are in need for this money, then you may take from it according to the necessity, like all other Muslims for which this money is spent for their interest.
Finally, we advise you not to hasten about this inheritance before totally making sure that there are no heirs for this dead, by asking the authorities as it might be that you may find an heir in another country or in the same country.
Allaah Knows best.