Q: We have a male family member who is mentally retarded. Who is responsible for his well-being?
He has the following family members living: 3 sisters and a brother. From his nephews, he has 2 male nephews who are the sons of his late brother. From his sisters, he has a few male nephews as well.
A: If his parents are not alive, then the responsibility of taking care of him is upon his brother and sisters according to their shares of inheritance (i.e. the brother will pay double of the expenses compared to the sisters).
This ruling is in the case where he does not have wealth. If he possesses wealth, then his wealth should be used to take care of him.
Note:
1. The brother and sisters will be responsible for taking care of him if they are financially stable. If any one of them is poor, then he/she will be absolved of the responsibility, and the others who are wealthy should share the responsibility among themselves.
2. This ruling is in regard to the expenses. As far as khidmat is concerned, then all should try their level best to assist in whichever way possible.
And Allah Ta'ala (الله تعالى) knows best.
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