How Should Wrongfully Taken Inheritance Shares Be Repaid?

Answered by Shaykh Muhammad Carr

Question

In 2007, a house inherited from the father was sold for $100,000. The younger son took $30,000 from the proceeds, whereas his rightful share was $20,000, meaning he took $10,000 more than he was entitled to.

At the time, this excess amounted to 10% of the property’s total value.

Today, the equivalent house is worth $300,000.

If the younger brother wishes to rectify the situation and return the amount he wrongfully took from the daughters’ shares, should he:

Return the original excess amount of $10,000? Or return 10% of the house’s current value, which would now be $30,000?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Thank you for reaching out and seeking clarification on this important matter. May Allah grant the deceased a high place in the Gardens of bliss.

Allah says,

“So give the needy kinsman his generous due.” [Quran, 30:38]

The younger brother must return the original excess amount of $10,000, as his sister/s is entitled to her share of the sale proceeds, not to a share of the property itself.

That said, I strongly recommend that the brother return the present-day equivalent of the $10,000. The Messenger of Allah (Allah bless him and give him peace) said:

“The best of you are those who are best in repaying debts.” [Bukhari]

Doing so would help rectify the harm caused by his transgression, including, at the very least, shielding the heirs from the detrimental effects of inflation.

I pray this is of benefit and that Allah guides us all.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door to students. As an imam, he has the unique opportunity to serve his community in daily life.

In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari‘a Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.