If the people from whom bribes were taken have died, what should be done?”

The questioner served as a tax inspector in the District Council for a period of thirty (30) years. During this time, he regularly took bribes from shopkeepers on a minor scale, many of whom have now passed away. The questioner has no knowledge of them or their heirs, nor does he know them personally. What could be the procedure for paying their financial rights now, and how would the total amount be determined? Can he give the entire amount in one lump sum to his widowed daughter, who has four small orphaned children and lives separately from him?

الجوابُ حامِدا ًو مُصلیِّا ً

Income obtained through illegitimate means rightfully belongs to the people from whom it was taken. Now, if returning this amount to them is impossible, it should be given to their heirs. And if the heirs are also unknown or cannot be reached despite efforts, then in such a case, this amount should be given as charity (Sadaqah) on behalf of the original owners to deserving recipients.

Now, if the questioner’s daughter happens to be a rightful recipient of Zakat, such that her ownership does not reach the nisab (minimum threshold) — for example, seven and a half tola of Gold , or fifty-two and a half tola of silver, or an equivalent value in trade goods or cash, or the total of all these items does not equal the value of fifty-two and a half tola of silver — then in this case, she is also entitled to Zakat, and it can be given to her in one lump sum. However, giving her this amount is undesirable if it would make her herself the possessor of the nisab. Therefore, it is better to distribute this amount among a few deserving recipients so that the reward reaches the original owners.

مأخَذُ الفَتوی

کما فی معارف السنن: من ملک بملک خبیث ولم یمکنہ الرد الی المالک فسبیلہ التصدق علی الفقراء الخ (1/34)۔