What is the meaning of the rule: “What is forbidden in its acquisition is forbidden only for the acquirer”?
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The questioner : Shaykh, may Allah reward you. You mentioned in one of your lectures the rule: “What is forbidden in its acquisition is forbidden only for the acquirer”.
The Shaykh : Yes.
The questioner : We would like you, Shaykh, to clarify this rule.
The Shaykh : This is what we see in the matter: What is forbidden in its acquisition is forbidden for the acquirer. For example, riba (usury or interest). If a person who was dealing in riba dies, his wealth is lawful for his heirs. However, what is forbidden in itself, such as khamr (intoxicants), is forbidden for the doer and for anyone to whom it is transferred. Likewise, what is forbidden and remains in a state of prohibition, such as usurped property. If a person steals and then dies, and we know from whom he stole, it is not permissible for us to take it. Yes, that is correct.
The Shaykh : Yes.
The questioner : We would like you, Shaykh, to clarify this rule.
The Shaykh : This is what we see in the matter: What is forbidden in its acquisition is forbidden for the acquirer. For example, riba (usury or interest). If a person who was dealing in riba dies, his wealth is lawful for his heirs. However, what is forbidden in itself, such as khamr (intoxicants), is forbidden for the doer and for anyone to whom it is transferred. Likewise, what is forbidden and remains in a state of prohibition, such as usurped property. If a person steals and then dies, and we know from whom he stole, it is not permissible for us to take it. Yes, that is correct.