The Ruler’s Forgiveness of a Loan Is Considered a Waiver of the Deceased’s Debt
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Fatwa No. ( 10234 )
Q: Nasser ibn Muhammad al-Qaifali has passed away, and may Allah have mercy on him, he left a will stating that he has endowed two shops in the city of al-Kharj, and designated two sacrificial animals in them: one on behalf of his father, mother, and brother Sulayman, and a Hajj on his own behalf; and the second on behalf of himself, his descendants, and his wife. Any surplus beyond that is to be given as charity in Ramadan to the needy among the descendants. If there is no needy person among them, then to the
The needy relative. If there is no needy person among them, it is up to the agent's judgment, as clarified in the attached copy of the bequest. The question, O honorable scholar: These two shops have rental income that exceeds the cost of Hajj and the two festivals. What should be done with this surplus, and how should it be distributed? Is it distributed among the deceased's children, both young and old, according to their need, or only to the young ones? What is the criterion for this need if there is a surplus beyond their needs regarding clothing, food, and expenses considered valid by the Shari'ah? Should the surplus be saved for their future, considering they are orphans? If so, is the male given the same share as the female in maintenance based on headcount, or does the male receive the share of two females? Is the deceased's wife, who is their mother and manages their affairs, included in the bequest or not, knowing that she has not remarried out of concern for looking after their interests? We also inform your eminence that the deceased left behind, among the heirs, daughters who have waived their share of their father's inheritance, as clarified in the attached copy of the waiver, on the condition that their father's debt is paid. How valid is this waiver? Does it extinguish their right to inheritance? Does it affect their right to the bequest if they become needy? Does the Hajj he bequeathed repeat according to the availability of funds, or is it only once? Also, among the estate is a house built by the Real Estate Development Fund, which the young ones are living in, and they have applied for
a waiver of the loan, and they were granted the waiver. Do these young ones have a special status in this, since the waiver request was submitted in their names? This is what we wished to inquire about, to clear our conscience. May Allah guide you to what He loves and is pleased with.
A: The agent should act according to what the testator specified regarding spending the surplus on the needy among his descendants. If there is no needy person among them, it goes to the needy among his relatives. If there is no needy person among them, the agent spends it in what he sees as avenues of righteousness, such as repairing mosques, giving charity to the poor, and the like. Nothing is saved for the needy for the future; rather, he is given only what suffices him for his year, and the surplus is spent on others. The mother of the descendants is dependent on them if she is needy, and she is the one who manages their affairs. As for Hajj, it is once and there is no need to repeat it, because that was not mentioned. As for the waiver of the loan by the one in authority, it is the cancellation of the debt of the deceased, and the house belongs to all the heirs, unless the state has granted it specifically to one of them. As for the daughters' waiver of their share of the inheritance on the condition of paying their father's debt, it is valid if they are of age and their condition, which is the payment of the debt, is fulfilled. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Nasser ibn Muhammad al-Qaifali has passed away, and may Allah have mercy on him, he left a will stating that he has endowed two shops in the city of al-Kharj, and designated two sacrificial animals in them: one on behalf of his father, mother, and brother Sulayman, and a Hajj on his own behalf; and the second on behalf of himself, his descendants, and his wife. Any surplus beyond that is to be given as charity in Ramadan to the needy among the descendants. If there is no needy person among them, then to the
The needy relative. If there is no needy person among them, it is up to the agent's judgment, as clarified in the attached copy of the bequest. The question, O honorable scholar: These two shops have rental income that exceeds the cost of Hajj and the two festivals. What should be done with this surplus, and how should it be distributed? Is it distributed among the deceased's children, both young and old, according to their need, or only to the young ones? What is the criterion for this need if there is a surplus beyond their needs regarding clothing, food, and expenses considered valid by the Shari'ah? Should the surplus be saved for their future, considering they are orphans? If so, is the male given the same share as the female in maintenance based on headcount, or does the male receive the share of two females? Is the deceased's wife, who is their mother and manages their affairs, included in the bequest or not, knowing that she has not remarried out of concern for looking after their interests? We also inform your eminence that the deceased left behind, among the heirs, daughters who have waived their share of their father's inheritance, as clarified in the attached copy of the waiver, on the condition that their father's debt is paid. How valid is this waiver? Does it extinguish their right to inheritance? Does it affect their right to the bequest if they become needy? Does the Hajj he bequeathed repeat according to the availability of funds, or is it only once? Also, among the estate is a house built by the Real Estate Development Fund, which the young ones are living in, and they have applied for
a waiver of the loan, and they were granted the waiver. Do these young ones have a special status in this, since the waiver request was submitted in their names? This is what we wished to inquire about, to clear our conscience. May Allah guide you to what He loves and is pleased with.
A: The agent should act according to what the testator specified regarding spending the surplus on the needy among his descendants. If there is no needy person among them, it goes to the needy among his relatives. If there is no needy person among them, the agent spends it in what he sees as avenues of righteousness, such as repairing mosques, giving charity to the poor, and the like. Nothing is saved for the needy for the future; rather, he is given only what suffices him for his year, and the surplus is spent on others. The mother of the descendants is dependent on them if she is needy, and she is the one who manages their affairs. As for Hajj, it is once and there is no need to repeat it, because that was not mentioned. As for the waiver of the loan by the one in authority, it is the cancellation of the debt of the deceased, and the house belongs to all the heirs, unless the state has granted it specifically to one of them. As for the daughters' waiver of their share of the inheritance on the condition of paying their father's debt, it is valid if they are of age and their condition, which is the payment of the debt, is fulfilled. 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.