miscellaneous Fatwa Cover

Repayment of loan by lender selling goods of borrower 6213687681

Monthly Al Kawtharmiscellaneous


Question

Rashed used to get Rs. 2600 / - from his sister. But the sister refuses to pay. So Rashed sold 8 out of 24 shares of his sister in charge and recovered Tk. 2700 / -. He keeps the rest of the money to himself. When the sister came to know about the matter, she demanded that all the money should be returned according to the current price of those seven shares, leaving Rs. 2700 / -. Note that when the shares were sold, the price of each share was Rs. 4200 / -. At present its price is Rs.600 / -. Now will Rashed be obliged to return all the money according to the current price or will he be acquitted if he pays the remaining money? 5629798497


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

According to the description in the question, if in fact the woman has refused to pay her brother's dues, then it is legal for Rashed to sell her sister's shares and take her dues. So he will be free from liability only if he returns the remaining part to his sister, keeping his debt from the sale price. In this case the current price of the shares is not obliged to pay. 3888731172

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • আননুতাফ ফিলফাতাওয়া, Page: 452
  • রদ্দুল মুহতার, Part: 6, Page: 151
  • ফাতাওয়া হিন্দিয়া, Part: 5, Page: 135