Recovering a debt from the estate before its distribution
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Fatwa number ( 2510 )
Q: His father passed away, leaving behind a small amount of wealth, and he had a debt of (30,000) thirty thousand riyals. He claimed that he had paid it off from his own money, and the heirs demanded their rights from their father’s estate. Does he have the right to take what he paid to settle his father’s debt, and should this be done before the estate is divided?
A: If it is established that you paid your father’s debt after his death from your own money, you have the right to recover it from the estate before it is divided. If the heirs refuse to give it to you, your case becomes a dispute among the heirs. Disputes are referred to the Shari'ah courts, so if you wish, seek your right through the judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His father passed away, leaving behind a small amount of wealth, and he had a debt of (30,000) thirty thousand riyals. He claimed that he had paid it off from his own money, and the heirs demanded their rights from their father’s estate. Does he have the right to take what he paid to settle his father’s debt, and should this be done before the estate is divided?
A: If it is established that you paid your father’s debt after his death from your own money, you have the right to recover it from the estate before it is divided. If the heirs refuse to give it to you, your case becomes a dispute among the heirs. Disputes are referred to the Shari'ah courts, so if you wish, seek your right through the judge. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.