A man inherited money from a father who dealt with ordinary interest-based banks, and whose primary business was buying and selling, and the matter is not distinguished in his case, so he cannot distinguish
Machine translationRead the Arabic original
The questioner : Shaykh, regarding the question about the man who inherited money from a father who dealt with ordinary interest-based banks, and whose primary 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, a period where he became bankrupt, then built up wealth again, then became bankrupt, or went through fluctuations.
The Shaykh : The money is mixed.
The questioner : Yes
The Shaykh : This issue is, if Allah wills, also easy, because any money that an heir inherits, and it is not known that any specific part of this money belongs to a particular person who reached the deceased through an unlawful path, then any money the heir inherits is lawful for them; it is lawful for him, he has inherited it, even if the deceased acquired that money through an unlawful path. And I said earlier, except for what is known from this specific money to belong to a particular person, in which case it must be returned 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 to return his injustice to him. So the loss is upon the deceased, and the gain is upon 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, containing interest and work... such as agriculture or industry. 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 path, then he does not own it; rather, he spends it on public facilities, and he keeps what is beyond that, either the capital or the capital with the profit that came through a lawful path, if that is possible. Otherwise, it is as we said in the answer to the previous question: when he inherits this money, the sin is upon the deceased, and there is no sin upon 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 in an interest-based bank?
The Shaykh : In that case, the saying of Allah the Exalted applies:[Al-Baqarah 2:279] Just like any person who placed his money in the bank, then Allah turned to him in mercy, and he extracted this money along with its interest. In that case, only his capital is lawful for him, while the interest is to be spent on public facilities 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, how are you.
The questioner : I have a question.
The Shaykh : Please proceed.
The questioner : Abu Khalid.
The Shaykh : Abu Khalid, please go ahead.
Abu Khalid: I have a question, may Allah protect you, regarding the case of marriage or divorce.
The Shaykh : The money is mixed.
The questioner : Yes
The Shaykh : This issue is, if Allah wills, also easy, because any money that an heir inherits, and it is not known that any specific part of this money belongs to a particular person who reached the deceased through an unlawful path, then any money the heir inherits is lawful for them; it is lawful for him, he has inherited it, even if the deceased acquired that money through an unlawful path. And I said earlier, except for what is known from this specific money to belong to a particular person, in which case it must be returned 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 to return his injustice to him. So the loss is upon the deceased, and the gain is upon 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, containing interest and work... such as agriculture or industry. 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 path, then he does not own it; rather, he spends it on public facilities, and he keeps what is beyond that, either the capital or the capital with the profit that came through a lawful path, if that is possible. Otherwise, it is as we said in the answer to the previous question: when he inherits this money, the sin is upon the deceased, and there is no sin upon 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 in 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.
فإن تبتم فلكم رؤوس أموالكم لا تظلمون ولا تُظلمونThe questioner : ... May Allah reward you with good. It is clear.
The Shaykh : Welcome, how are you.
The questioner : I have a question.
The Shaykh : Please proceed.
The questioner : Abu Khalid.
The Shaykh : Abu Khalid, please go ahead.
Abu Khalid: I have a question, may Allah protect you, regarding the case of marriage or divorce.