Darul Ifta, Darul Uloom Azaadville

An Heir Writing Off A Debt Owed To A Deceased On Behalf Of Other Heirs

· 16 Dhuʻl-Hijjah 1446 AH1 min readEnglish

Question

My Father passed away in 2006. There are debtors who owed money to my father but my mothers has forgiven those debts and does not want it re-paid.

Is this correct?

Answer

The debts owed to your father by others cannot be entirely forgiven solely by your mother as she is not the sole owner of the estate. All the heirs of the Marhoom have fixed shares in those debts. If all the heirs, provided they are Baaligh, willingly forgive the debtors of the Marhoom, the entire debt will be considered forgiven.

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-writing-off-a-debt-owed-to-a-deceased-on-behalf-of-other-heirs/30218/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-30218

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