Paying off one’s loan with inheritance money which has not yet come into possession

Question

assalamu’alaikum,

I understand that inheritance money can only be given away after it comes under the inheritors possession.  My mom gave my husband some inheritance money she owed me which came into his bank account (I am not on his account).  I owed my husband some money for something so when I took my inheritance out, I didn’t take out the portion of it that I owed him.  Was I supposed to take it out first, have it in my own possession, and then give it back to him?

jazakallah

wassalam

بسم الله الرحمن الرحيم

الجواب حامدا ومصليا ومسلما

Answer

After taking out a portion of the money you were entitled to due to inheritance, it is sufficient to leave the rest in your husband’s bank account with the intention of paying off a debt owed to him. But it is necessary for you to tell your husband that you have left money in the account to pay off your debt.

 

Since your husband is taking possession of your money on your behalf, therefore it is as if you personally took it from your mother. By leaving it in his bank account, it is as if you are giving it to him to pay off your loan.

والله اعلم

Allah subhanahu wa ta’ala knows best.

Taha Abdulkareem

Approved by Mufti Husain Ahmad Madani