Is it permissible to sell the uncle's share from the deceased father's inheritance to settle a debt of the father, without the mother's consent, and does the ruling remain valid after 32 years?
Matters of inheritance, common rights, and rulings concerning the absent or deceased must be brought before the Shar'i (Islamic) courts for investigation and to ensure that rights are delivered to their rightful owners. A fatwa alone is not sufficient. Unjustly consuming an orphan's wealth is a grave sin, while sponsoring an orphan carries immense reward. An orphan's wealth must be safeguarded and managed by a guardian (wasi) or a judge (qadi). A guardian is not permitted to sell an orphan's real estate except out of necessity or for a clear benefit, and he must act in the most advantageous way. The debts of the deceased must be paid before the division of the inheritance; this takes precedence over bequests and the rights of the heirs. The debt must be proven by evidence or admission. A brother has no share in the inheritance when a son is present. The principle is to recover the specific item if it still exists; if it cannot be returned, the right to compensation is established. Invalid transactions do not become valid with the passage of time, and no one is permitted to benefit from another's right through an invalid transaction. If the uncle was a guardian and acted in the best interest of the orphan, and there was a proven debt that could only be settled by selling the property, then his action is valid. However, if he acted without a rightful basis, his sale is void, and the heirs have the right to reclaim the property, and the buyer may seek recourse against the seller. It is necessary to refer to the Shar'i courts for a ruling.
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- 105222
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