Jamiat KZNJamiatul Ulama KZN

Using Future Inheritance to Pay Debt

English
FatwaFiqhInheritance

Question

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?

Answer

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 potential share of your father’s property to him whilst your father is still alive.

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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