The heirs bearing the deceased's debt according to their inheritance shares
Machine translationRead the Arabic original
Fatwa number ( 17906 )
Q: Both of our parents (may Allah have mercy on them) passed away, leaving behind real estate that provides us with a good annual income (and praise be to Allah). This income is distributed fairly among the legal heirs—numbering 11 individuals: 3 males and 8 females—exactly as Allah Mighty and Majestic commanded, with the male receiving a share equal to that of two females. All the heirs have decided to increase and develop this income, which can only be achieved by carrying out some repairs on the inherited properties. Due to the insufficiency of the available funds, we approached a certain individual to request a loan, and he agreed—may Allah reward him with good. However, the point of disagreement among the heirs now is: how this loan is to be repaid ? Are the repayment shares equal among the heirs, considering that this is an expense and not part of the inheritance proceeds, or is the repayment to be made according to the method of inheritance distribution? That is, the male bears twice the burden of repayment that the female bears. Due to our complete ignorance of this matter, we have decided to turn to you to issue an authenticated legal ruling from you, so that all the heirs can be informed of it and then proceed in accordance with it.
Whether the repayment shares among the heirs should be considered an expense rather than part of the estate's returns, or whether the repayment should be treated as a method of distributing the inheritance, meaning that the male heir bears twice the burden of the female heir in the repayment. Due to our complete ignorance of this matter, we have decided to approach you to issue an authenticated legal ruling from you, so that all the heirs can be informed of it and then proceed in accordance with it.
A: Each person bears the repayment of the loan according to his share of the inheritance, provided that he approved this loan while being an adult of sound mind. As for the minors, their guardian acts on their behalf and repays the portion of the loan that belongs to them from their share, if it is available. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Both of our parents (may Allah have mercy on them) passed away, leaving behind real estate that provides us with a good annual income (and praise be to Allah). This income is distributed fairly among the legal heirs—numbering 11 individuals: 3 males and 8 females—exactly as Allah Mighty and Majestic commanded, with the male receiving a share equal to that of two females. All the heirs have decided to increase and develop this income, which can only be achieved by carrying out some repairs on the inherited properties. Due to the insufficiency of the available funds, we approached a certain individual to request a loan, and he agreed—may Allah reward him with good. However, the point of disagreement among the heirs now is: how this loan is to be repaid ? Are the repayment shares equal among the heirs, considering that this is an expense and not part of the inheritance proceeds, or is the repayment to be made according to the method of inheritance distribution? That is, the male bears twice the burden of repayment that the female bears. Due to our complete ignorance of this matter, we have decided to turn to you to issue an authenticated legal ruling from you, so that all the heirs can be informed of it and then proceed in accordance with it.
Whether the repayment shares among the heirs should be considered an expense rather than part of the estate's returns, or whether the repayment should be treated as a method of distributing the inheritance, meaning that the male heir bears twice the burden of the female heir in the repayment. Due to our complete ignorance of this matter, we have decided to approach you to issue an authenticated legal ruling from you, so that all the heirs can be informed of it and then proceed in accordance with it.
A: Each person bears the repayment of the loan according to his share of the inheritance, provided that he approved this loan while being an adult of sound mind. As for the minors, their guardian acts on their behalf and repays the portion of the loan that belongs to them from their share, if it is available. 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.