Darul Ifta, Darul Uloom Azaadville

An Heir Not Repaying A Loan Taken From The Deceased

· 14 Dhuʻl-Hijjah 1446 AH1 min readEnglish

Question

My Father passed away in 2006. We have a sister who took a loan from my father and has not re-paid the money. After receiving the money my sister & her husband stated that the money was her right and that they would not re-pay the money.

Is this correct?

Answer

The loan your sister owed to her father must be paid back to the estate and thereafter it will be distributed amongst the Marhoom’s rightful heirs according to their respective shares fixed by Shar’iah.

If she refuses, the loan amount should be subtracted from her share due to her from your father’s estate. Remember that she is also entitled to her portion in the loan amount as an heiress of your father’s estate, so it should be calculated properly.

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/an-heir-not-repaying-a-loan-taken-from-the-deceased/30204/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-30204

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