A man borrowed money from a bank and built a house with it, then he passed away
Machine translationRead the Arabic original
The questioner : His EminenceThe Shaykh : My uncle passed away several years ago and left an estate, which included a plot of land that had been granted to him. Currently, he has built a house on it with money that was borrowed from the bank. His wife, one son, and one daughter are living in this house now. He has many sons and daughters, so there are many heirs. Is it obligatory for the rest of the heirs to relinquish their share of this plot, land, and house to these people?
The Shaykh : To whom?
The questioner : To the wife, the son, and the daughter? Or also, if one of the heirs paid off the bank, does the house become his property?
The Shaykh : Yes, it is not obligatory for the heirs to relinquish their shares to one another except by their own choice. As for the one who paid off the bank debt, he has a claim against the rest of the heirs for the amount he paid, according to their ownership shares, and it does not become his property. Yes.
The questioner : All right, Shaykh, it has been years since he passed away, and no one among the heirs has spoken up or said, “This is mine.”
The Shaykh : In any case, the matter is up to them; it returns to them if some of them relinquish their shares to others.
The questioner : Is it obligatory... to relinquish?
The Shaykh : It is necessary to gather all the heirs.
The Shaykh : To whom?
The questioner : To the wife, the son, and the daughter? Or also, if one of the heirs paid off the bank, does the house become his property?
The Shaykh : Yes, it is not obligatory for the heirs to relinquish their shares to one another except by their own choice. As for the one who paid off the bank debt, he has a claim against the rest of the heirs for the amount he paid, according to their ownership shares, and it does not become his property. Yes.
The questioner : All right, Shaykh, it has been years since he passed away, and no one among the heirs has spoken up or said, “This is mine.”
The Shaykh : In any case, the matter is up to them; it returns to them if some of them relinquish their shares to others.
The questioner : Is it obligatory... to relinquish?
The Shaykh : It is necessary to gather all the heirs.