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 In the case of two brothers who have been entitled to a property as inheritance from their father, each brother got 50%. Thereafter one brother owed the other brother quite a sum of money which amounted to his half share of the property. The other brother then asked for this brothers share in the property as a settlement for his debt. In desperation, he signed over the share. Was this correct that he had to sign over his inheritance for the sake of paying back a debt or should they have worked out another way to pay back the debt? Is it fine to take inheritance?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: In the case of two brothers who have been entitled to a property as inheritance from their father, each brother got 50%. Thereafter one brother owed the other brother quite a sum of money which amounted to his half share of the property. The other brother then asked for this brothers share in the property as a settlement for his debt. In desperation, he signed over the share. Was this correct that he had to sign over his inheritance for the sake of paying back a debt or should they have worked out another way to pay back the debt? Is it fine to take inheritance?

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A: After both brothers accepting their stipulated share of inheritance in the property, if one brother out of his own will gives away his share in settlement of the debt that he owes to the other brother, it will be permissible. 

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

أعط كل ذي حق حقه (بزار #4223)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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