Ruling on Inheriting Wealth Acquired Through Interest (Riba)
✍ Written by: Saudi Fatwa Committee (Fatāwā al-Lajnah ad-Dā’imah)
✦ Question:
If it is known that the deceased used to engage in interest-based transactions (riba), is it permissible for the heirs to take their share from such an estate?
✦ Answer:
Yes, it is permissible for the heirs to take their share of the inheritance. However, the sin of engaging in riba falls upon the deceased.
✔ If the interest amount has already been received by the deceased during his lifetime, then its sin lies solely with him. The heirs may inherit the remaining estate — even if it includes wealth mixed with riba — because they are not responsible for the deceased’s actions.
✦ What If the Interest Has Not Yet Been Received?
If the interest has not yet been collected, then the heirs should:
➤ Take it from the debtor (i.e., the party obligated to pay interest),
➤ But they must not consume it for personal use.
Instead:
✔ The amount must be given in charity — for example, in mosques, roads, or other public welfare causes.
✔ The heirs should not treat it as personal wealth, since they did not earn it lawfully.
✦ Why Take It at All, If It’s Riba?
One might ask: “If it’s riba, then why take it at all?”
The answer:
➤ The one who paid the interest did so knowingly and willingly,
➤ We should not allow such a person to benefit both from the loan and from the interest (i.e., keep the money and enjoy its use),
➤ Therefore, we take it from him and spend it in charitable/public works.
However:
✔ If it is deemed that not taking the interest serves a greater benefit — such as when the payer is poor or needy — then it may be better not to collect it at all.
(Reference: Ibn ʿUthaymīn – Liqā’ al-Bāb al-Maftūḥ, 13/135)
