Is it permissible to refuse to sell land inherited by children from their deceased father, who had a debt, if the offered price for the land is unfairly low, knowing that the land is neglected and requires expenditure, and selling it at an acceptable price might take a long time, whereas the unfairly low price would allow for immediate debt repayment?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The heirs must immediately pay the deceased's debts from his estate. If he did not leave money of the same type as the debt, the creditors are asked to transfer the debt to the heirs' responsibility and request a delay to sell the land. This exception, despite contradicting the original principle of hawala (transfer of debt), is permissible according to the Shafi'i school due to necessity and benefit, as the deceased's liability is cleared as soon as the creditors agree to transfer the debt to the guardian's responsibility. It is recommended that the heirs ask the creditors to absolve the deceased for complete exoneration.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/97787
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- Ftawy
- Original fatwa ID
- 97787
- Imported
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- Source text, unreviewed
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