The executors of my father have sold some land belonging to father and his siblings. We have received part payment of the amount of the sale.There is however a court case  regarding  three other parties concerning the sale of the land.We  are unsure of the cost of the court case or how long it will take.Is it permissible to hold back the monies until the court case is over and paid for and then distribute the shares according to Shariah because these days it is difficult to get money from the inheritors once they receive it.

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: The executors of my father have sold some land belonging to father and his siblings. We have received part payment of the amount of the sale.There is however a court case  regarding  three other parties concerning the sale of the land.We  are unsure of the cost of the court case or how long it will take.Is it permissible to hold back the monies until the court case is over and paid for and then distribute the shares according to Shariah because these days it is difficult to get money from the inheritors once they receive it.

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A: The money received is the right of the heirs in proportion to the stipulated shares of inheritance. Hence, whatever money has been received more than one’s stipulated share (from the sold property) should be returned to its rightful owners.  

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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