ArticleConsultation

Can you take your inheritance as a substitute for debt?

ASKING:

Peace be upon you, Chaplain.

May Allah facilitate all world affairs to the end of Ustadz. Especially, in his preaching. Aamiin.

Ustadz, I want to ask about debts and inheritance. Ustadz's long story, since 20 years ago.

I am five siblings. My father died when I was eight years old. Widowed mother, not remarried.

In 1996 I went to Hong Kong. In 1999 I wanted to build a house so that you would be happy, and at the same time I wanted to make you happy. However, the older brother I trusted actually cheated and took my money to Kalimantan

I then returned to Hong Kong, until 2003. I then got married and built a house on my parents land.

In 2010, the older brother wanted to take care of the inheritance from his late father. At that time I asked about my money, the results of the three-year salary in Hong Kong that he took away. He also promised that if in two years he could not return the money, he would use his inheritance in return. He wrote the promise on a stamped letter.

In 2015, the land of the deceased was divided by inheritance. All received the same share, according to the agreement of all relatives and witnessed by the local village officials.

In 2016, my brother died in Kalimantan.

What I ask is, the brother's inheritance right, can it be a blessed asset if I have it? Because, by the village officials on my behalf.

Thank you very much for the explanation.

Salam,

Fulanah

ANSWER:

Wa'alaikumussalam warahmatullahi wabarakatuh.

This is where the importance of the distribution of inheritance according to the Shari'a, so that we know how much each heir shares.

If indeed the mother's money is in accordance with or the same as the inheritance of the brother who spends the mother's money, then the rights may be taken away. But if it turns out that the money spent is less than the value of the inheritance, the mother must return the rest.

Try to make all decisions based on deliberation between family members, in order to avoid slander and prejudice.

Wallâhu a'lam bish-showâb.

Regards!

Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH

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