Question
The deceased had gifted debt to his grandson. However, the grandson did not take possession of the money from the debtor whilst his grandfather was alive. Now that the grandfather has died, what is the status of the debt?
Answer
Since qabdhah (possession) was not taken, the Hibah (gift) of the Dain (debt) is not valid. Prior to qabdhah, the creditor has the right to make rujoo' (retract) and cancel his 'gift'. Therefore, in the case mentioned by you, the debt remains the asset of the deceased and forms part of his estate for the heirs.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 09
- PDF page
- 5
Appears under FANA -ANNIHILATION (approximate).