What is the ruling on demanding the younger brother pay $20,000 instead of the remaining $4,800 owed by him, despite the existence of evidence and witnesses proving the payment of most of the debt, and his denial of having forgiven his deceased brother in front of people, and his demand for his brother’s inheritance in the house despite the deceased having children? And must the deceased’s children pay the remaining amount ($4,800) even though the uncle had forgiven their father?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The answer can be summarized in three points:
1. It is not permissible for the brother to deny receiving part of the amount and demand the remainder, especially given the presence of a document and witnesses.
2. The debtor's children are not obligated to repay the debt, whether from the inheritance or their private funds, because the witnesses prove that the creditor brother waived it.
3. The brother has no share in his deceased brother's inheritance if there is a male child, as mentioned by Al-Baji in Al-Muntaqa. Therefore, he must return any inherited money he possesses to the rightful heirs, and recourse can be sought through the court with witnesses.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 56022
- Imported
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