Mon 13 رمضان 1447 (02 Mar 2026)
[A Man Has an Inheritance Withheld by a Person, and He Himself Holds Some Farmland]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 17178
Number of views: 1
[A Man Has an Inheritance Withheld by a Person, and He Himself Holds Some Farmland]
Fatwa number: 17178
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Question: Two men: one of them has an inheritance belonging to the other and refuses to hand it over; the other has a small amount of cultivated land.
This latter man wishes to hand over what he has from the farmland to clear his liability, but the first refuses to accept it. What is then required? And is it permissible for him to consume from the proceeds (al-ghulūl) knowing that the other is consuming multiples of that from the inheritance he holds?
Answer—and Allah is the Granter of success: If this man who wishes to clear his liability cannot obtain his right from what is under the other’s hand through litigation and legal process—either due to a lack of fairness in the courts or for some other reason—then it is permissible for him, in this case, to consume the yield of what is under his hand; and he is not obliged, in this state, to hand over what is under his hand from the farmland, nor to surrender those proceeds. This is due to His saying, Exalted is He: “And the retribution for an evil act is an evil one like it.” [al-Shūrā:40], and His saying: “And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed.” [al-Naḥl :126].
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1
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