What do the esteemed muftis say regarding the following matter: A man passed away, leaving behind two daughters—one mentally disabled and the other healthy but divorced. The deceased’s pension is in the name of the mentally disabled daughter and is issued to her. The question is: The divorced sister lives with her disabled sister and has no source of income—can she use some portion of this pension each month?
The pension issued in the name of the mentioned mentally disabled girl is her rightful property. It is not permissible for her divorced sister or any other person to take from it for their personal use. However, if the said divorced sister is engaged in caring for her and has no other source of income, then in such a case it is permissible for her to take from this pension, in proportion to her needs, for her personal use.
كما في الدر المختار: للوصي الأكل والركوب بقدر الحاجة، قال تعالى - {ومن كان فقيرا فليأكل بالمعروف} [النساء: 6] (6/ 725)۔
و في حاشية ابن عابدين (رد المحتار): (قوله للوصي الأكل إلخ) قدمنا في الخانية أنه استحسان إذا كان محتاجا بقدر ما سعى. (6/ 725)۔