It is narrated from ‘Amir (Sha‘bi), may Allah have mercy on him, that Masruq, may Allah have mercy on him, said: If a man dies and he has no freedman as his guardian, then his wealth should be spent as he has bequeathed. And if he has not made a bequest, then that wealth should be deposited in the public treasury (Bayt al-Mal).
Hadith Referenceسنن دارمي / من كتاب الفرائض / 3155