What is required of the debtor if the creditor dies?
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The questioner : May Allah preserve you, Shaykh. A man took a sum of money from a wealthy man...
The Shaykh : Huh?
The questioner : A man took a sum of money
The Shaykh : Yes, that is right.
The questioner : from a wealthy man.
The Shaykh : Yes.
The questioner : Before the due date arrived, the owner of the money died. Does he have to return the money to his family?
The Shaykh : The creditor or the debtor?
The questioner : The creditor. Does he have to return the money to his family, knowing that he fears the money may not reach all of his heirs and that they might squander it? If that is the case, is it possible for him to give the money in charity on their behalf? May Allah reward you with good.
The Shaykh : Yes, this is a man who borrowed a debt from a person, whether as a loan, the price of a sale, rent for a property, or anything else. Then the one who had the right died. What does the debtor do? We say it is obligatory for him to deliver the right to the heirs. It is obligatory for him to deliver the right to the heirs. If the heirs say they are scattered: one in Makkah, one in al-Madinah, one in Riyadh, and one in another place, we say: go to the court, determine the inheritance, and give each person what he is entitled to from the inheritance. If they have a representative with a valid legal agency, give it to the representative and your conscience is cleared.
The questioner : ...
The Shaykh : It is not our concern regarding them, nor is it his concern regarding them. This is their money.
The questioner : Yes?
The Shaykh : This is their money. He owes nothing. He owes nothing of their sins, because this is their money. Yes, ease... this is injustice, because there is no system after you. You have violated the system now.
The Shaykh : Huh?
The questioner : A man took a sum of money
The Shaykh : Yes, that is right.
The questioner : from a wealthy man.
The Shaykh : Yes.
The questioner : Before the due date arrived, the owner of the money died. Does he have to return the money to his family?
The Shaykh : The creditor or the debtor?
The questioner : The creditor. Does he have to return the money to his family, knowing that he fears the money may not reach all of his heirs and that they might squander it? If that is the case, is it possible for him to give the money in charity on their behalf? May Allah reward you with good.
The Shaykh : Yes, this is a man who borrowed a debt from a person, whether as a loan, the price of a sale, rent for a property, or anything else. Then the one who had the right died. What does the debtor do? We say it is obligatory for him to deliver the right to the heirs. It is obligatory for him to deliver the right to the heirs. If the heirs say they are scattered: one in Makkah, one in al-Madinah, one in Riyadh, and one in another place, we say: go to the court, determine the inheritance, and give each person what he is entitled to from the inheritance. If they have a representative with a valid legal agency, give it to the representative and your conscience is cleared.
The questioner : ...
The Shaykh : It is not our concern regarding them, nor is it his concern regarding them. This is their money.
The questioner : Yes?
The Shaykh : This is their money. He owes nothing. He owes nothing of their sins, because this is their money. Yes, ease... this is injustice, because there is no system after you. You have violated the system now.