I had an uncle who passed away, and after some time had elapsed, a person claimed to have money with my uncle. I asked him for proof of this, but he had nothing. I asked him to take an oath, but he refused to swear, claiming that...
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The questioner : He says: I had an uncle, and Allah took him. After some time had passed since his death, a person came forward saying, "I have a debt with your uncle, so pay it to me." I asked him for proof of this debt, such as a document or the like, but he had nothing. Then I asked him to swear by Allah that he had a debt with my uncle, and he also refused to swear, claiming that he would not swear on a right that belongs to him. There is no compelling reason for the oath in this case. What should be done in such a situation? Should I give him the debt he claimed, or not?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, before answering this question, I would like to answer a previous question from one of the listeners regarding the nisab (minimum threshold for zakah) of grains and fruits. We have previously stated that it is three hundred sa' (a dry measure of about 3 kg) by the sa' of the Prophet (peace and blessings be upon him), and we promised to clarify this, and we have clarified it, praise be to Allah.
The questioner : Yes.
The Shaykh : So the sa' of the Prophet (peace and blessings be upon him) is two kilograms and forty grams, or grams, of good wheat that weighs the same as lentils. Thus, the Prophetic sa' is two kilograms or two kilograms and forty grams of lentils, which is known to everyone, or of good wheat. Accordingly, the nisab is six hundred and twelve kilograms, according to the weight we mentioned just now.
The questioner : Yes, three hundred sa' multiplied by two kilograms and forty grams.
The Shaykh : Yes, indeed.
The questioner : Yes.
The Shaykh : As for the answer to the questioner brother, this person who claims to have a debt with your uncle is not obligated to be paid unless he presents evidence. If he does not present evidence, then you are not obligated to pay him, based on the saying of the Prophet (peace and blessings be upon him): "The proof is on the claimant." He is the one who is negligent for not proving this with evidence, and nothing is required of you, except if you know that this man is trustworthy and cannot claim what is not his. In that case, it is obligatory for the one who trusts his word to pay him what corresponds to his share of the inheritance. As for the one who does not trust his word, he is not obligated to pay him anything. The fact that you asked him to take an oath and he did not swear, based on his belief that the right is his, means that he is the one who has waived his right, because he does not deserve anything except by an oath. But as I said a moment ago, if you trust the truthfulness of this man and you have inherited something from your uncle's money, then pay him his share or portion of what is your share of your uncle's inheritance. Likewise, every heir who believes him is obligated to give him his share of the estate. For example, suppose your uncle had a daughter and you are the 'asabah (the residuary male heirs), then the daughter gets half and you get the remainder, which is half. If the owner of this debt claims ten thousand riyals and you trust his truthfulness, then you give him from what you inherited from your uncle five thousand riyals, because that is the equivalent of your share. Then the daughter, if she also believes him, pays the rest. If she does not believe him, then nothing is required of her. This is the ruling of this issue.
The questioner : May Allah reward you with good.
These are three questions sent by the listener Ibrahim al-Matar from Syria, al-Jazirah. He says in his first question.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, before answering this question, I would like to answer a previous question from one of the listeners regarding the nisab (minimum threshold for zakah) of grains and fruits. We have previously stated that it is three hundred sa' (a dry measure of about 3 kg) by the sa' of the Prophet (peace and blessings be upon him), and we promised to clarify this, and we have clarified it, praise be to Allah.
The questioner : Yes.
The Shaykh : So the sa' of the Prophet (peace and blessings be upon him) is two kilograms and forty grams, or grams, of good wheat that weighs the same as lentils. Thus, the Prophetic sa' is two kilograms or two kilograms and forty grams of lentils, which is known to everyone, or of good wheat. Accordingly, the nisab is six hundred and twelve kilograms, according to the weight we mentioned just now.
The questioner : Yes, three hundred sa' multiplied by two kilograms and forty grams.
The Shaykh : Yes, indeed.
The questioner : Yes.
The Shaykh : As for the answer to the questioner brother, this person who claims to have a debt with your uncle is not obligated to be paid unless he presents evidence. If he does not present evidence, then you are not obligated to pay him, based on the saying of the Prophet (peace and blessings be upon him): "The proof is on the claimant." He is the one who is negligent for not proving this with evidence, and nothing is required of you, except if you know that this man is trustworthy and cannot claim what is not his. In that case, it is obligatory for the one who trusts his word to pay him what corresponds to his share of the inheritance. As for the one who does not trust his word, he is not obligated to pay him anything. The fact that you asked him to take an oath and he did not swear, based on his belief that the right is his, means that he is the one who has waived his right, because he does not deserve anything except by an oath. But as I said a moment ago, if you trust the truthfulness of this man and you have inherited something from your uncle's money, then pay him his share or portion of what is your share of your uncle's inheritance. Likewise, every heir who believes him is obligated to give him his share of the estate. For example, suppose your uncle had a daughter and you are the 'asabah (the residuary male heirs), then the daughter gets half and you get the remainder, which is half. If the owner of this debt claims ten thousand riyals and you trust his truthfulness, then you give him from what you inherited from your uncle five thousand riyals, because that is the equivalent of your share. Then the daughter, if she also believes him, pays the rest. If she does not believe him, then nothing is required of her. This is the ruling of this issue.
The questioner : May Allah reward you with good.
These are three questions sent by the listener Ibrahim al-Matar from Syria, al-Jazirah. He says in his first question.