Jamiatul Ulama KZN

Paying creditors with a share of one’s expected inheritance

· 11 Shaʻban 1436 AH1 min readEnglish

Question

Q. I will be an heir and own a share in my father’s property. Can I give my share to my creditor to pay off my debts that I owe him whilst my father is still living?

Answer

Being a potential heir in a share of a property does not make one a shareholder in the property as one does not own it. More so, heirs are only determined after the demise of the deceased.

As such, you cannot pay your creditor by giving your potential share of your father’s property to him whilst your father is still alive.

And Allah Knows Best

Answered by
Mufti Ismaeel Bassa
Checked by
Mufti Ebrahim Desai
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Questions about this ruling, answered only from the archive with sources.

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/paying-creditors-with-a-share-of-ones-expected-inheritance/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-16512

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