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What is the ruling regarding one of the sisters taking 14,000 Rand from the inheritance of her deceased brother, and her refusal to return it so that the inheritance may be justly distributed, while the rest of the heirs wish to relinquish their share of the inheritance to this sister?

2 min readAlso available in العربية

The deceased's money goes to their legal heirs, and the debtor must immediately pay their debt to the heirs if they are able; otherwise, they are sinful. If they are in straitened circumstances, they should be given time until they are able to pay.

The sister must return the money borrowed from her deceased brother to the estate so that it can be distributed fairly; otherwise, she is sinful.

There is no apparent wisdom in leaving the rest of the estate to the sister as a reaction to her action. Rather, the obligation is to persuade her to return what is due. If it is impossible to obtain the entire due amount, then what can be obtained should not be abandoned.

It must be assumed that the sister will repay her debt and the estate will be divided. If what she took equals her share, then she has taken her right. If it is less, she is given the remainder of her share. If it is more, her share is calculated for her, and the excess is distributed among the heirs as a debt owed by her.

The sister should be treated gently and leniently, for the Prophet, peace and blessings be upon him, said: "May Allah have mercy upon a man who is lenient when he sells, when he buys, and when he demands repayment."

If leaving the estate to the sister is to facilitate matters for her or due to her financial hardship, then waiving the right is permissible, provided it is done with good grace and without harming the one who waives it.

However, if the heirs are in need of the money, it is better not to waive it, based on the Prophet's saying, peace and blessings be upon him: "The best charity is that which is given when one is rich, and begin with those whom you support."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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