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To Be Compensated (muqassah) from the Share of Inheritance

Inheritance

We are brothers and sisters. Our father died and left a house in which two of our brothers live. We all decided to sell...

Q: We are brothers and sisters. Our father died and left a house in which two of our brothers live. We all decided to sell the house and distribute the estate according to Shar‘, but we faced a problem that one of our brothers owes another brother a large amount of money and he refuses to settle with him for the debt. Our question is: is the creditor brother allowed to
compensate some of his debts from the debtor's share of the inheritance?

A: If he refuses to pay off the debt or he procrastinates in settling it up and it is impossible to take it from him, there would be no objection to taking from his share as muqassah an amount equal to the debt.
 

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