What is the Sharia ruling regarding the sum of money a mother gave her daughter to pay off a debt she owed, and is it considered a debt that must be repaid to the heirs, or a gift, especially since the mother did not clarify her intention before her death?

Matters of inheritance and joint rights are decided by the Sharia courts or their representatives, especially in cases where there is jurisprudential disagreement and a judicial ruling is needed to resolve the dispute.

If a person gives money without specifying whether it is a loan or a gift, the predominant view is that it should be considered a loan. This is because both a loan and a gift are forms of donation and benevolence, and a loan is the lesser, certain amount, unlike a gift which requires certainty. This principle is established in Islamic jurisprudence: if there is doubt between a small and a large amount, the lesser, certain amount is taken.

Based on this, if the money was a loan, it is considered part of the deceased's estate, and all heirs are entitled to it according to their prescribed shares. However, if it was a gift, it belongs to the one to whom it was gifted and does not enter the deceased's estate. It remains for the judge to determine which of the two possibilities is correct.