Q: I had a nephew and in the latter stage of his life he become insane, and long ago he left a trust with me, i.e. an amount of grain. However, due to some difficult circumstances I was forced to use it hoping that I would repay him at a later time if I have the ability and if he is in need. At that time, my nephew had no one to take good care of him or manage his affairs, except for a married sister. However, it was Allah's will that he died before I could return the trust to him, and I considered this trust a debt on me and
I performed Hajj on his behalf and also gave Sadaqah (voluntary charity) on his behalf.
I intended by that to fulfill the trust, but I do not know whether this is sufficient or if I should give his sister the amount of money that is equal to the grain I took from him. I am now (Part No. 14; Page No. 220) confused, because he is my nephew. Kindly give me your Fatwa in this regard. May Allah reward you with the best.
Performing Hajj and giving Sadaqah on behalf of your nephew with the intention of making up for the trust he gave you does not fulfill your duty. You should give the trust back to his heir and you are rewarded for the Hajj and Sadaqah on behalf of your nephew. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.