Inheritance and Loan

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My house is on loan.But suddenly my father passed away.Alhamdulillah till this month my relative gave money to pay loan.can i keep my gold in bank and clear that loan? This is the only way we can find as of now to settle that loan.is it allowed in islam,because they also charge interest?

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بسم الله الرحمن الرحيم

(Fatwa: 201/216/SN=04/1436)

In the above mentioned case if “the house” was the sole property of your father and he built it by taking “loan” and then suddenly he died then it is necessary on his heirs to pay the loan by selling whatsoever property (house, shop, assets, cash etc) he left. And after paying the debt, the remaining amount should be divided among his heirs according to the Shariah. If it is possible to pay the loan with the leftover property then it is not lawful to take loan to pay the debt, as the unlawfulness of interest is very severe.

يَا أَيُّهَا الَّذِينَ آمَنُواْ اتَّقُواْ اللّهَ وَذَرُواْ مَا بَقِيَ مِنَ الرِّبَا إِن كُنتُم مُّؤْمِنِينَ ، فَإِن لَّمْ تَفْعَلُواْ فَأْذَنُواْ بِحَرْبٍ مِّنَ اللّهِ وَرَسُولِهِ الآية [البقرة : 279]
تتعلق بتركه الميت حقوق أربعة …. ثم تقض ديونه من جمع مابقي ….. ثم يقسم الباقي بين ورثته (سراجي: 5)
If the house is not the sole property of your father rather it is your sole property then you should pay the debt after selling the assets, jewellery etc available with you (which could be sold). You should avoid taking loan again from the bank as it is serve sin to take it.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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