Can Heirs Divide a Deceased’s Unlawful or Suspicious Money? – Shaykh Dr. Muhammad Fayez Awad

Do the heirs have the right to divide the deceased’s money if the money is unlawful or involves suspicion?

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

There is no doubt that a Muslim must strive to earn lawful (halal) income and exert effort to gain lawful earnings, as this is something for which a servant will be held accountable on the Day of Judgment. ‘Abdullah Ibn Mas‘ud said: The Messenger of Allah (Allah bless him and give him peace) said:

“The feet of the son of Adam will not move on the Day of Judgment until he is asked about his youth and how he spent it, about his life and how he used it up, about his wealth and how he earned it and spent it, and about his knowledge and what he did with it.” [Tirmidhi; Abu Ya‘la; Bazzar; Tabarani]

There is a warning against benefiting from unlawful earnings. Abu Hurayra said: The Messenger of Allah (Allah bless him and give him peace) said:

“O people, Allah is Good and accepts only that which is good. And Allah commanded the believers with what He commanded the Messengers, as He said: ‘O messengers! Eat from what is good and lawful, and act righteously. Indeed, I fully know what you do.’ [Quran, 23:51] and He said: ‘O believers! Eat from the good things We have provided for you.’ [Quran, 2:172]. Then he mentioned a man who travels extensively, his hair disheveled and covered with dust, who stretches out his hands to the sky, saying, ‘O Lord, O Lord,’ while his food is unlawful, his drink is unlawful, his clothing is unlawful, and he is nourished unlawfully, so how can he be answered?” [Muslim; Tirmidhi; Darimi]

Unlawful wealth, regardless of its source, brings about the curse, wrath, and punishment of Allah.

Abu Wa’il al-Asadi (Allah have mercy on him) narrated from ‘Abdullah Ibn Mas‘ud (Allah be pleased with him), who said: The Messenger of Allah (Allah bless him and give him peace) said:

“Whoever takes an oath to unjustly take the wealth of a Muslim will meet Allah while He is angry with him.” Allah then revealed in confirmation of this: “Indeed, those who trade Allah’s covenant and their oaths for a fleeting gain will have no share in the Hereafter. Allah will neither speak to them, nor look at them, nor purify them on the Day of Judgment. And they will suffer a painful punishment.” [Quran, 3:77]

The Messenger of Allah (Allah bless him and give him peace) also cursed the one who consumes usury (riba), the one who gives it, the one who writes it, and its witnesses. Jabir said: The Messenger of Allah (Allah bless him and give him peace) cursed the one who consumes usury, the one who pays it, the one who writes it, and its two witnesses, and he said: “They are equal.” [Muslim]

Allah (Most High) also cursed the briber and the one who accepts the bribe. Thawban (Allah be pleased with him) narrated that the Prophet (Allah bless him and give him peace) said:

“Allah curses the briber, the one who takes a bribe, and the mediator between them.” [Hakim; Ahmad; Bazzar; Ibn Abi Shayba]

Allah (Most High) has cursed the thief. Abu Hurayra said: The Messenger of Allah (Allah bless him and give him peace) said:

“Allah curses the thief who steals an egg, for which his hand is cut off, or who steals a rope, for which his hand is cut off.” [Bukhari; Muslim]

Allah (Most High) has also cursed those who sell or buy alcohol. ‘Abdullah Ibn ‘Umar narrated from his father that the Messenger of Allah (Allah bless him and give him peace) said:

“Allah curses alcohol, the one who drinks it, the one who serves it, the one who squeezes (the grapes, etc.) for it, the one for whom it is squeezed, the one who carries it, the one to whom it is carried, the one who sells it, the one who consumes its price, the one who buys it, and the one for whom it is bought.” [Hakim; Abu Dawud; Ibn Majah; Ahmad]

Unlawful wealth is any wealth that the Sacred Law has forbidden a Muslim from owning or benefiting from. [Muhammad Baz, Ahkam al-Mal al-Haram wa Dawabitu al-Intifa‘ wa al-Tasarruf bihi fi al-Fiqh al-Islami]

The scholars (Allah have mercy on them) have differed on the permissibility of inheriting unlawful wealth if the heir knows that the deceased acquired it through unlawful means. The difference in opinion stems from whether the heir is allowed to take possession of this wealth while knowing that it was earned unlawfully and that the Sacred Law does not endorse the means by which it was acquired, or whether it is permissible for him to take it, and the sin lies on the deceased who sought to earn it through prohibited means.

The majority, including the jurists of the four schools—the Hanafis, Malikis, Shafi‘is, and Hanbalis—hold that death does not render unlawful wealth permissible. Hence, it is not permissible for the heirs to inherit and take ownership of it, especially if they are certain that its source is prohibited by Sacred Law. They must dispose of this wealth by returning it to its rightful owner or owners if they are known and alive. If the rightful owners are unknown or deceased, the wealth should be spent on charitable causes and good deeds.

Imam Nawawi (Allah have mercy on him) said: “Whoever inherits wealth without knowing how his predecessor earned it, whether lawfully or unlawfully, and there is no indication, it is lawful by consensus of the scholars. If he knows that it includes unlawful earnings but is unsure of the amount, he should estimate and remove the unlawful portion.” [Nawawi, al-Majmu‘]

Ghazali said: “If someone has unlawful wealth and wants to repent and free himself from it, if he knows the specific owner, he must return it to him or his agent. If the owner is deceased, he must give it to the heir. If the owner is unknown and there is no hope of finding him, he should spend it on public benefits for Muslims, such as bridges, mosques, or other communal interests. If that is not possible, he should give it in charity to the poor.” [Ibid.]

Ibn ‘Abidin (Allah have mercy on him) said: “It is absolutely prohibited for the heirs, whether they know the rightful owners or not. If they know the owners, they should return it to them. Otherwise, they should give it to charity.” [Ibn ‘Abidin, Radd al-Muhtar]

Ibn Rushd said: “Inheritance does not render unlawful wealth permissible. This is the correct opinion based on reasoning. Some of the predecessors have reported that inheritance does make it lawful for the heir, but this is not correct.” [Ibn Rushd, al-Muqaddimat al-Mumahhidat]

“It was narrated by al-Athram and others from Imam Ahmad (may Allah have mercy on him) regarding someone who inherits wealth that includes unlawful earnings: If he knows a specific amount, he should return it. If most of the wealth is corrupt, he should avoid it.” [Mardawi, al-Insaf]

The claim that the deceased died and the sin is upon him, not the heir, does not change the fact that this wealth was acquired through unlawful means that the Sacred Law does not endorse.

All of this applies if the true owner of the wealth is known. However, if the owner is unknown, as is the case with most unlawful earnings in our time—such as interest (riba), bribes, or similar means where determining the real owner is difficult—it appears that it is also not permissible to inherit such wealth. This is because the wealth ultimately belongs to Allah (Most High), as indicated by His words:

“And donate from what He has entrusted you with” [Quran, 57:7]

And:

“And give them some of Allah’s wealth which He has granted you.” [Quran, 24:33]

Allah (Most High) has granted it to His servants through lawful means that He has permitted. If the current owner is unknown, the wealth returns to its original owner, Allah (Most High).

Since Allah (Most High) is free of all needs, He has granted it to His poor servants. Thus, this wealth should be returned to them through charity. If the heirs are poor, they are permitted to take this wealth if its owner is unknown, but they should take it as a charity, not as an inheritance.

We ask Allah to guide us to what is lawful and to keep us away from what is unlawful and doubtful. Indeed, He is the All-Hearing, the One Who answers prayers.

[Shaykh] Dr. Muhammad Fayez Awad