Question (Q-90)
A mother in law was very hard up financially. She didn’t even have money to buy food to feed herself. She pawned her golden bangles to get money to buy food. A large period of time passed during which the mother in law couldn’t pay off the debt to get her bangles back. Her daughter in law managed to pay the money and get the bangles back but didn’t tell any family members thinking that someone will pay her money back and she will give the bangles back. Meanwhile the mother in law died and now the daughter in law is in a dilemma. What is the ruling according to the Sharʿīah in this regard and what should she do now?
Answer:
In the situation described in the question, the daughter in law paying off the debt without seeking the permission of her mother in law and without the mother in law’s awareness is classed as a voluntary payment. Therefore, the daughter in law is not worthy of receiving any remuneration. It is necessary for the daughter in law to pass the bangles to the inheritors of her deceased mother in law without delay and for the bangles to be distributed amongst the inheritors according to Islamic Law.
Allah the Almighty states,
إن الله يأمركم أن تؤدوا الأمنت إلى أهلها
“Indeed Allah commands you to hand over whatever you hold in trust, to their owners.” (Sūrah Al-Nisā 4:58)
It is stated in Radd al-Muḥtār, Volume 10, Page 134,
بخلاف الأجنبي أيْ إِذا قضى الدين لأنه متبرع إذ هو لا يسعى في تخليص ملكه ولا في تفريغ ذمته
“As opposed to a third party i.e. if a third party fulfils the debt, as he is classed to be a voluntary donor as he is not working hard for the rescuing of his ownership nor to discharge his own debt.”
It is stated in Bahār-e-Sharʿīat, Volume 3 (Part 17), Page 733-734,
“If a third party fulfils the debt and manages to redeem the pawned item then he cannot claim anything from the pledger (who pawned the item) as this third party is classed to be a voluntary donor.”
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
