Is it permissible for a daughter to buy her deceased mother's gold before it is distributed among the heirs? And is the gold debt to be paid back to its owners from this same gold, or is other gold to be purchased to settle the debt?
It is permissible to sell gold to add its price to the inheritance, but the inheritance is not to be divided until after debts are paid and the will is executed within the limit of one-third, unless the adult heirs agree to an increase. As for the pieces of gold that she bequeathed to be returned, if custom dictates compensation, then they must be returned or a substitute gift must be given. It could be a bequest if compensation was not previously requested, and it is to be executed unless it exceeds one-third of the estate or if the beneficiaries are heirs, in which case the consent of the adult heirs is required. The matter of estates must be referred to the courts, as there may be matters unknown to the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 65444
- 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