Would resorting to the judiciary to sell the deceased husband's house at public auction to pay his debt to the questioner's brother, in the absence of official documents proving the debt and the heirs' non-recognition of it, be considered an injustice to the deceased husband's children? And what is the solution?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
We do not know how a lawsuit can be filed without documents proving the debt. However, there is no harm for your brother in filing a lawsuit to claim his debt from the deceased. If the debt is proven and the judge rules to sell the deceased's house by auction to pay off the debt, then there is no injustice to the heirs, even if it is sold for less than its market value, especially since they can pay off the debt and keep the house.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/190578
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 190578
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy