I owed someone money but he passed away, who should I give it to?
Question
I Owe someone 20 Pounds, that person has passed away and also his wife, they have 10 children, who should I give this 20 pound too? can I give this to any one of the kids?
Answer
In the Name of Allah, the Most Gracious, The Most Merciful.
As-salaamu `alaykum wa-ramatullahi wa-barakatuh.
The 20 pounds which was owed to the deceased forms part of his estate. You may contact the executor of the estate and hand over the money to him to be distributed to the heirs of the deceased according to the shariah laws of inheritance and succession.[1]
And Allah Ta`ala Knows Best.
Hussein Muhammad.
Student Darul Iftaa
Arusha, Tanzania
Checked and Approved by:
Mufti Ebrahim Desai.
2020-06-07
References (Arabic / Urdu sources)
[1]
الفتاوى الهندية (14/ 490)
وَلَوْ مَاتَ الدَّائِنُ وَقَضَاهُ إلَى وَرَثَتِهِ أَوْ وَصِيَّتِهِ بَرَّ فِي يَمِينِهِ وَإِلَّا فَهُوَ حَانِثٌ ، كَذَا فِي الْوَجِيزِ لِلْكَرْدَرِيِّ .
Kifaayatul Mufti, Vol 8, Pg 138.
- Answered by
- Hussein Muhammad
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/40916
Fatawa SA: https://fatawa.co.za/fatwa/askimam-40916