Is it permissible to take from the wealth of the deceased debtor's relative to settle the usurious bank debts and claims that he refused to pay, knowing that the executor performs most of the inheritance inventory tasks from his own money?
If the executor spends money on inventorying and managing the estate, he is entitled to be reimbursed for what he spent, unless he made the expenditure as a donation. As for the executor's compensation for his work, if he is an appointed executor, he is entitled to the lesser of two things: the customary wage (ajrat al-mithl) or what suffices him reasonably if he is poor. However, if he is wealthy, he is not entitled to take anything. If he is not an appointed executor, and he volunteered his work, he is not entitled to anything. But if he did not volunteer, he is entitled to the customary wage. As for disputes between the deceased and banks, these are to be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 36095
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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