Is the sister entitled to claim the remaining amount of the debt after the sale of the mortgaged gold without the knowledge of the mortgagor and in violation of the agreement? And is the debtor obligated to pay her former husband’s debt despite the creditor’s refusal to provide a promissory note or resort to the judiciary?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Your sister is not permitted to sell the gold, because you did not grant her an absolute authorization; rather, you restricted it by requiring your presence. If you cannot find the money to pay her back, and if she has already sold it, then she is liable for its guarantee. We advise resolving the issue without resorting to courts, in order to preserve familial ties. As for your husband's debt, you have no relation to it, and you are not obligated to pay it, whether the creditor presents the trust receipt or not.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/194017
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 194017
- 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