Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Three types of Beneficial Knowledge
Sayyiduna ‘Abdullah ibn ‘Amr ibnul ‘As (radiyallahu ‘anhuma) reported that Rasulullah (sallallahu ‘alayhi wa sallam) said: “[True beneficial] Knowledge is of three types, anything else is superfluous; A clear Verse [from Quran], an established Sunnah [i.e., Hadith] or the rulings by which the inheritance is fairly divided [deduced from Quran and Sunnah].” (Abu Dawood)
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Question and Answer
Q: I will be an heir and own a share in my father’s property. Can I give my share to my creditor to pay off my debts that I owe him, whilst my father is still living?
A: Being a potential heir in a share of a property does not make one a shareholder in the property, as one does not own it. More so, heirs are only determined after the demise of the deceased.
As such, you cannot pay your creditor by giving your potential share of your father’s property to him whilst your father is still alive.
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
