IslamQA

Cheque Issued By A Deceased Before Death

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question: Assalaamu-Alaykum. Umar issues a cheque with an amount of money written on it to his friend, Zaid. Umar informs Zaid that this cheque is for you (Zaid). Zaid is confirmed as owner of the cheque. Zaid accepts and keeps the cheque in his possession. Umar passed away after some days. Zaid deposits and changes the cheque after Omar passed away. Is Zaid still entitled to the sum on the cheque or does he have to return the cheque (amount of money) to the heirs of Omar. Jaza Kallah.


Answer:

Wa Alaikum As Salaam,

Yes, Zaid is entitled to the sum of money on the cheque. This was already given to him while Umar was alive. Hence, possession of that sum of money was already taken by Zaid after having been gifted the same from Umar. Zaid does not have to return the sum on the cheque to the heirs of Umar.

And Allah Knows best.

Mufti Waseem Khan.

27/1/2014.

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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