The heirs repaying the deceased's debt according to their shares
Q: Both our parents (may Allah be merciful to them) died and left some properties that provide us with a good annual income, all praise be to Allah! This income is distributed fairly among the lawful heirs - who include 11 people: 3 men and 8 women - according to the Law passed by Allah (Exalted be He), dictating that the male receive twice the share of the female. All the heirs have decided to try to increase this income, which can only be done by carrying out some repairs on the inherited buildings.As we do not have enough money, we asked someone to give us a loan and they agreed (may Allah reward them well). However, a difference of opinion has arisen among the heirs as to
how this loan should be repaid.
Should all of the heirs pay equal (Part No. 16; Page No. 454) portions, as this money is among the expenses and not the income from the inheritance, or should it follow the inheritance distribution and the men pay twice as much as the women?As we have no knowledge of the rulings on this matter, we decided to ask you for a Fatwa (legal opinion issued by a qualified Muslim scholar) so we can show it to all the heirs and apply it.
Each of the heirs should pay a portion of the loan in proportion to the inheritance share that each receives, as long as every sane adult among them approved the taking of the loan. The minors’ guardians should act on their behalf and repay their portions of the loan from their inheritance share, if any. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.