A man inherited money from a father who dealt with ordinary interest-based banks, and whose main business was buying and selling, and the matter is not distinguished in his case
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The questioner : Shaykh, there is a question regarding a man who inherited money from a father who dealt with ordinary interest-based banks, and whose main business was buying and selling, and the matter is not distinguished in his case; the wheat and the barley are mixed, as they say, so he cannot separate or distinguish the amount of the forbidden from the lawful in this money, especially since his father’s life may have gone through, or did go through, periods where he went bankrupt, then built up wealth again, then went bankrupt, or went through fluctuations.
The Shaykh : The money is mixed.
The questioner: Yes.
The Shaykh : This issue, if Allah wills, is also easy; because any money that an heir inherits, and it is not known that any part of this specific money belongs to so-and-so and reached the deceased through an un-Islamic means; then any money the heir inherits is lawful for them, his inheritance has made it lawful for him, even if the deceased acquired that money through an unlawful means. And I said earlier: except for what is known from this specific money to belong to so-and-so, in which case he must return it to its owner. And since you described the question as money that is mixed with other money, it is not possible first to distinguish it, and consequently it is not possible to know who this deceased wronged so that we can return his injustice to him; so the loss is on the deceased and the gain is on the heir.
The questioner : A continuation of the same question; the heirs of a man inherited money in the form of shares in a company whose work is mixed; it contains interest and it contains lawful work, such as agriculture or manufacturing. If this man wants to get rid of these shares by selling them; is all the money lawful for him, or must he distinguish and separate?
The Shaykh : If it is possible for him to distinguish the amount his father earned through an unlawful means, then he does not possess it, but he spends it on public utilities, and he keeps what is besides that; either the capital or it with the profit that came through a lawful means, if it is possible. Otherwise, it is as we said in the answer to the previous question; when he inherits this money, the sin is on the deceased, and there is no sin on him in his capacity as the heir.
The questioner : What if the shares are from purely interest-based banks, meaning his deceased father bought shares with a specific capital, and invested it in buying shares of an interest-based bank?
The Shaykh : In that case, the saying of Allah, the Exalted, applies:[Al-Baqarah 2:279]; like any person who placed his money in the bank, then Allah turned him to repentance and he extracted this money along with its interest; in that case, only his capital is lawful for him, and as for the interest, he spends it on public utilities such that no specific person benefits from it. Is the answer clear?
The questioner : ... May Allah reward you with good, it is clear.
The Shaykh : Welcome.
The questioner : ... .
The Shaykh : How?
The questioner : Regarding the question.
The Shaykh: Go ahead.
The questioner : Abu Khalid.
The Shaykh : Abu Khalid, please proceed.
The Shaykh : The money is mixed.
The questioner: Yes.
The Shaykh : This issue, if Allah wills, is also easy; because any money that an heir inherits, and it is not known that any part of this specific money belongs to so-and-so and reached the deceased through an un-Islamic means; then any money the heir inherits is lawful for them, his inheritance has made it lawful for him, even if the deceased acquired that money through an unlawful means. And I said earlier: except for what is known from this specific money to belong to so-and-so, in which case he must return it to its owner. And since you described the question as money that is mixed with other money, it is not possible first to distinguish it, and consequently it is not possible to know who this deceased wronged so that we can return his injustice to him; so the loss is on the deceased and the gain is on the heir.
The questioner : A continuation of the same question; the heirs of a man inherited money in the form of shares in a company whose work is mixed; it contains interest and it contains lawful work, such as agriculture or manufacturing. If this man wants to get rid of these shares by selling them; is all the money lawful for him, or must he distinguish and separate?
The Shaykh : If it is possible for him to distinguish the amount his father earned through an unlawful means, then he does not possess it, but he spends it on public utilities, and he keeps what is besides that; either the capital or it with the profit that came through a lawful means, if it is possible. Otherwise, it is as we said in the answer to the previous question; when he inherits this money, the sin is on the deceased, and there is no sin on him in his capacity as the heir.
The questioner : What if the shares are from purely interest-based banks, meaning his deceased father bought shares with a specific capital, and invested it in buying shares of an interest-based bank?
The Shaykh : In that case, the saying of Allah, the Exalted, applies:
But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَThe questioner : ... May Allah reward you with good, it is clear.
The Shaykh : Welcome.
The questioner : ... .
The Shaykh : How?
The questioner : Regarding the question.
The Shaykh: Go ahead.
The questioner : Abu Khalid.
The Shaykh : Abu Khalid, please proceed.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.