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The question

What should I do, caught between safeguarding the trust of the papers in my possession, which include a debt owed by my father to my mother, and a deed gifting her half the house, and pleasing my father, who is searching for these papers?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

1. The first document (concerning the father's debt): This is to prove your deceased mother's right, and the heirs benefit from it. They have the choice between demanding the debt from the father or forgiving him, and it should not be concealed from him. If the heirs forgive him, it should be given to him to dispose of it. If they demand it, it should not be given to him but to whoever demands the right.

2. The second document (concerning the ruqbā): This document included a ruqbā for half of the house for your mother if the father died before her. The ruqbā is a matter of scholarly disagreement among jurists: Imam Al-Shafi'i, Imam Ahmad, and Abu Yusuf consider it permissible, and the gift becomes the property of the one for whom the ruqbā was made, and the condition becomes void. Imam Abu Hanifa and Muhammad consider it invalid and regard it as a loan (ʿāriyah). Imam Malik did not permit it. The prophetic hadiths indicate that what is given as ruqbā belongs to the one for whom it was made. If the donor resided in the gifted property and the gift was not taken possession of, it becomes void upon the death of the donee. Therefore, this document is of no benefit to the heirs and can be given to the father if he requests it.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
18833
Imported
Translation status
Source text, unreviewed
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