Ruling on the heirs taking from an estate that consists of usury or interest
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Your Eminence! If an heir knows that his deceased relative used to consume usury or interest, is it permissible for him to take his share of the inheritance?
Meaning: If we know that the deceased was dealing in usury or interest, is it permissible for his heirs to take their shares from the estate?We say: Yes, it is permissible, and the sin is upon the soul of the deceased; except if the usury or interest has not been received yet, in which case we tell the heirs: receive the usury or interest from the one who owes it, but do not consume it; rather, give it in charity, or place it in mosques, or on roads, or in works of righteousness. As for what has already been received, the one who received it is the deceased, and the sin is upon him. And what has not been received is not permissible for the heirs to receive for themselves; rather, they should receive it in order to spend it in works of righteousness.Someone might say: Why do they receive it—for example—when it is usury or interest?We say: Because this usurer who paid the usury or interest has proceeded with it, accepted it, and dealt with it, so we do not combine for him the benefit of the money for that period and the benefit of the usury or interest as well.We say: Take it, so we take it and give it, and we place it in public utilities.
And if they see that it is in the public interest to leave the usury or interest, as if it were for a poor person, they do not take it at all.
Do you understand now?
Meaning: If we know that the deceased was dealing in usury or interest, is it permissible for his heirs to take their shares from the estate?We say: Yes, it is permissible, and the sin is upon the soul of the deceased; except if the usury or interest has not been received yet, in which case we tell the heirs: receive the usury or interest from the one who owes it, but do not consume it; rather, give it in charity, or place it in mosques, or on roads, or in works of righteousness. As for what has already been received, the one who received it is the deceased, and the sin is upon him. And what has not been received is not permissible for the heirs to receive for themselves; rather, they should receive it in order to spend it in works of righteousness.Someone might say: Why do they receive it—for example—when it is usury or interest?We say: Because this usurer who paid the usury or interest has proceeded with it, accepted it, and dealt with it, so we do not combine for him the benefit of the money for that period and the benefit of the usury or interest as well.We say: Take it, so we take it and give it, and we place it in public utilities.
And if they see that it is in the public interest to leave the usury or interest, as if it were for a poor person, they do not take it at all.
Do you understand now?