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Should I give him more than his due right?

Sheikh Khalid `Abdul-Mon`im Ar-Rifa`y

Published On: 1/7/2013 A.D. - 22/8/1434 H. Visited: 6513 times

Question

My brother was indebted by (70 pounds) to someone, and when I went to that person to pay the sum, he said to me: Your brother is indebted by 200 pounds. I went to my brother who was in hospital and said that to him. He said to me: No, I am indebted only by 70 pounds, and he said: Ask some people who were present at that time. In general, do not give him anything and when I go out, I will deal with him. Unfortunately, my brother died thereafter, and I went to the people who were present at that event and they confirmed the speech of my brother. So, I went to that man and faced him with the truth, but he said to me: No, the sum is 200 pounds.

I gave him 110 pounds and walked away, what should I do?

Answer

All praise be to Allah and peace be upon His Messenger, upon his family, his Companions, and those who follow him.

May Allah reward you for paying the debt of your brother, and know that the indebted must pay his debt. If he dies, his heirs must pay his debt from the money he had left. His heirs should not pay more than the debt as an obligation because every loan brings out a benefit is a usury. Shaykh Al Islam Ibn Taymiyah said in "Majmu` Al Fatawa" (29/ 473):

"Therefore, a creditor should not take more than his due right and he may not ask for more than his due right according to the consensus of scholars, and a creditor should take his debt in the same kind."

As long as the case was as you mentioned, the true is the speech of your brother (may Allah bestow mercy on his soul) because a creditor does not have a proof to this extra money; moreover the testimony of the witnesses does not support his claim; hence you should not pay more than the debt as mentioned by your brother.

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