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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What does one do if he took something from a person on the condition that he would return it to him, but before he returned it, that creditor passed away?

Machine translationRead the Arabic original
The questioner : This is a listener to the program from Abu Dhabi, Amir Uthman Ahmad. He has a set of questions, starting with this one. He says: My first question is, what does one do if he took something from a person on the condition that he would return it to him, but before he returned it, that creditor passed away? Does he give this money in charity, or what does he do? May you be rewarded.

The Shaykh : If a person borrows something from someone, or takes it from him as a loan, or as a deposit, or as a pledge, or otherwise, and then the owner of the right passes away, it is obligatory for the taker to hand that over to the heirs, because the heirs are the ones entitled to the wealth of their deceased relative after his death. If he does not know the heirs, or if this entitled person has no heir, then he hands it over to the public treasury, because the public treasury is the heir of one who has no heir. However, if he has heirs but he does not know them, he should give it in charity on their behalf, because any wealth whose owner is unknown—any wealth whose owner you do not know—you give it in charity on his behalf. Then, if you find out about him later, you give him the choice. You tell him, "I gave this in charity on your behalf. If you wish, you may ratify it, and if you wish, you may refuse it." If he ratifies it, the matter is clear, and the reward belongs to the one on whose behalf the charity was given. If he does not ratify it, then the one who gave the charity guarantees it for him, and the reward belongs to the one who gave the charity. Yes.

The questioner : May Allah bless you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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