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Can a potential heir give their potential share of inheritance to other person before actually inheriting it?

Answered according to Hanafi Fiqh by TheMufti.com

Q.I will be an heir and own a share in my father’s property. Can I give my share to my creditor to pay off my debts that I owe him whilst my father is still living?


A. Being a potential heir in a share of a property does not make one a shareholder in the property as one does not own it. More so, heirs are only determined after the demise of the deceased.

As such, you cannot pay your creditor by giving your fathers share of the property (your potential share of the property) to him whilst your father is still alive unless your father agrees to it by offering his assistance to you.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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