What is required of one whose father has passed away and who has rights owed to others?
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Question:
A lengthy letter was sent by one of our brother listeners, and at the end he signed it: Al-Maliji from Jeddah. Our brother’s letter is as follows. He says: My father entered into a partnership with a certain person, where the other person provided the capital and my father was to manage the shop. I was the one who actually managed the shop. Unfortunately, my father used to take money from the partnership shop and put it into his own private shop. I did not accept this action from my father, but I was unable to do anything about it. This is my father.
The important point is that this situation continued until the time for the inventory came and the partnership ended. Naturally, there was a mixing of my father’s money because he had introduced the partnership money into his own funds, and I know this to be a mistake. After that, my father went on Hajj with his mixed funds. Now my father has passed away—may Allah have mercy on him—and the partner has also passed away—may Allah have mercy on him. The question is: Do I have any obligation, since I allowed my father to take from the partnership money?
And if I do have an obligation, is it possible for me to seek forgiveness and permission from the partner’s sons? Because, as I mentioned, he has passed away, as has my father. I ask you to inform me about this matter?
May Allah reward you with good.
Answer:
It is obligatory for you to strive to clear your father’s estate, either by paying what you believe is the right of the partner’s sons, or by seeking their forgiveness if they are of legal age. If they forgive your father and pardon what was taken from their money, there is no blame on you.
However, if they are not of legal age, but are minors, then you must give them the right that you believe your father took from the partnership money. You extract it from the estate and give it to them. If you have partners in the estate, you inform them of what happened so that they agree with you on what clears your father’s estate. If they refuse, you take the matter to the court, and the court will order you to do what it sees fit in that regard.
As for if the partners with you, meaning the heirs of your father, agree with you that you pay the partner’s sons what came into your father’s possession, then praise be to Allah. Or if the partner’s heirs pardon—pardon—what came into your father’s possession, then the matter is considered concluded, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
A lengthy letter was sent by one of our brother listeners, and at the end he signed it: Al-Maliji from Jeddah. Our brother’s letter is as follows. He says: My father entered into a partnership with a certain person, where the other person provided the capital and my father was to manage the shop. I was the one who actually managed the shop. Unfortunately, my father used to take money from the partnership shop and put it into his own private shop. I did not accept this action from my father, but I was unable to do anything about it. This is my father.
The important point is that this situation continued until the time for the inventory came and the partnership ended. Naturally, there was a mixing of my father’s money because he had introduced the partnership money into his own funds, and I know this to be a mistake. After that, my father went on Hajj with his mixed funds. Now my father has passed away—may Allah have mercy on him—and the partner has also passed away—may Allah have mercy on him. The question is: Do I have any obligation, since I allowed my father to take from the partnership money?
And if I do have an obligation, is it possible for me to seek forgiveness and permission from the partner’s sons? Because, as I mentioned, he has passed away, as has my father. I ask you to inform me about this matter?
May Allah reward you with good.
Answer:
It is obligatory for you to strive to clear your father’s estate, either by paying what you believe is the right of the partner’s sons, or by seeking their forgiveness if they are of legal age. If they forgive your father and pardon what was taken from their money, there is no blame on you.
However, if they are not of legal age, but are minors, then you must give them the right that you believe your father took from the partnership money. You extract it from the estate and give it to them. If you have partners in the estate, you inform them of what happened so that they agree with you on what clears your father’s estate. If they refuse, you take the matter to the court, and the court will order you to do what it sees fit in that regard.
As for if the partners with you, meaning the heirs of your father, agree with you that you pay the partner’s sons what came into your father’s possession, then praise be to Allah. Or if the partner’s heirs pardon—pardon—what came into your father’s possession, then the matter is considered concluded, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.