Is it permissible to take money due from an inheritance without the knowledge of the one who took it unjustly, and is that considered a sin?
If a person has money owed to them by another, and they are unable to recover it through legitimate means such as litigation, then it is permissible for them to take from their opponent's wealth an amount equal to their right if they come across some of it. This is known as the issue of 'taking what is due by chance' (mas'alat al-dhafr bi al-haqq). Imam Al-Bukhari, may Allah have mercy on him, adduced the permissibility of 'taking what is due by chance' from the of 'Uqbah ibn 'Amir. Similarly, Ibn Battal adduced the permissibility of taking from the hadith of Hind, may Allah be pleased with her, and it applies to anyone who owes a right and does not fulfill it or denies it. For the permissibility of 'taking what is due by chance', three conditions must be met: that one does not take more than what is rightfully theirs, that they are secure from exposure and punishment, and that they are unable to obtain their right through the judiciary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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