Financial Transactions

Does haram money become halal when inherited?

Yasir Qadhi October 18, 2022 Watch on YouTube
inheritanceharam moneyhalal moneyribamirath

Quick Answer

The default is that one does not need to investigate the source of inherited money. However, if one knows for certain that the money was earned through clear-cut haram means (not gray areas where scholars differ), the preferred position is a middle opinion: money that was stolen or unjustly taken from a specific, identifiable person must be returned to them or their heirs. But money that was generically haram (e.g., from riba or selling haram products) where there are no specific claimants — the sin remains on the deceased, and the inheritor is not sinful for taking it, though giving some sadaqah to purify it is recommended.

Full Lecture Transcript (Cleaned)

The Question — 0:00

A brother who has asked his name to be withheld from California emails that he has inherited a certain amount of wealth from his father who recently passed away. His father was a businessman who had many businesses, and the man says: "I know that not all of his businesses were halal. Especially in his earlier years, he would deal with riba and he sold haram products." The son says there is no doubt that a portion of the wealth he earned is haram. However, now that his father has passed away and this money is coming to him — does that make the money halal for him?

The Default: No Obligation to Investigate — 1:19

First, let us begin by saying the default: when one inherits money, one does not have to ask about where this money came from. One does not have to go back to the tax receipts, go back 10, 20, 30, 40 years. You do not have to do any research. If a deceased relative has left you money, it's not your obligation to find out.

For example, if you find out your uncle has passed away and you are the inheritor, or a deceased relative left you one-third of his wealth — it's not your obligation to find out what his occupation was or where he earned every single penny from. On the contrary, the default is that when there is no suspicion, you don't raise any suspicion. In fact, this is the unanimous consensus of all the scholars of Islam. Imam al-Nawawi, the famous scholar of the Shafi'i school, remarks in his Majmu' (Volume 9, Page 428) that whoever inherits money and doesn't know where the person obtained it from — was it from haram, was it from halal — and there's no suspicion, then it is permissible by ijma of the scholars.

Distinguishing Gray Areas from Clear-Cut Haram — 3:07

So the first point: it's not your job to go research. Second point: in this case, you are saying it's your father and you know he was involved in haram. So what do you mean, dear brother, by "haram"? Do you mean that which is unanimously agreed upon to be haram, or do you mean that which had a gray area where some scholars said this transaction is haram and another group of reputable mainstream ulama said it is actually permissible?

In my humble opinion, if the matter was a gray area — where you have two different opinions from reputable scholars — then it is not your job to choose one position for your father over another. You should have a good opinion of your father that maybe he did research and followed an opinion that you don't think is the stronger one, but it is still within the acceptable framework of Islam.

What Constitutes Clear-Cut Haram? — 4:19

Let's distinguish between that which is without a doubt haram: a person owns a liquor store (no question that is haram and the money acquired is cursed), a person takes bribes, a person embezzled funds, a person outright stole something. There is no question — this is unambiguous, no two opinions, clear-cut haram.

Or did your father enact transactions that are ambiguous and gray? For example, a mortgage loan — a lot of people say "my father had a mortgage and I don't think mortgages are halal." We say to this brother: your father, insha'Allah, followed a mainstream position. Don't make a gray issue equivalent to a clear-cut one.

Another example: life insurance. I personally do not think it is permissible, and I have a longer Q&A about it on this very channel. Nonetheless, whether I like it or not, I cannot deny that a group of reputable mainstream ulama have opined that life insurance is permissible. If your father had life insurance, we cannot equate a gray area with that which is clear-cut.

The Two Conditions for This Question to Apply — 7:05

There must be two conditions in order for you to legitimately ask this question:

  • You know for certain that your father (or whoever you're inheriting from) acquired haram money. It is not your obligation to do research — and were you to do research for no reason, honestly this is a type of sin, because you're going beyond what the law requires and it is detrimental to your iman and taqwa. However, in this case it's your father, so obviously you grew up with him and know where his money came from.
  • The money is still in his possession — we're not talking about a past sin that your father repented from. If your father repented in his lifetime, gave up the haram business, and gave charity to make up for it, then this question does not arise.
  • With all of these conditions, your question is legitimate. If any of these conditions are not met, the money is halal — don't ask about it.

    The Three Scholarly Opinions — 10:03

    To answer this question, I'll summarize the three main opinions:

    Opinion 1: The Money Is Completely Halal (Minority) — 10:06

    A very minority opinion: the money is completely halal, and whatever sins your father has done are upon your father. You are absolutely scot-free to take this money in its entirety. This opinion was held by a number of early scholars from the Maliki school and others.

    Their main evidence:

    The vast majority of scholars pushed back at this: nobody's talking about sin — the question is whether the son is sinful acquiring the money. And inheritance is not like a regular transaction — you are not exchanging any goods; it is essentially a free transfer of wealth because of death. You cannot make an analogy between a halal grocery transaction and inheritance.

    Opinion 2: Haram Money Remains Haram (Majority) — 14:42

    Inheritance does not transform haram money into halal for you. That which was haram remains haram if you know that it is haram. This is frankly the default position of the four schools of Sunni law — the Hanafi, Maliki, Shafi'i, and Hanbali schools.

    If you know the inheritance to be haram:

    Ibn Abidin from the Hanafi school says the same (Volume 5, Page 247). Ibn Taymiyyah was asked about a person who left money that had haram elements — the man would give riba loans and take back more. Ibn Taymiyyah said: the amount that the child who inherits knows to be from riba, he must get rid of it — either return it to the one to whom the loan was given, or if he doesn't know who the person was, give it in sadaqah. And Ibn Taymiyyah's grandfather said: "The inheritance does not become halal if the original money was haram" — and this is the stronger and correct opinion.

    Opinion 3: Differentiate Between Specific and Generic Haram (Yasir Qadhi's Preferred Position) — 18:45

    The third opinion is a middle opinion between the first and the second, which differentiates between the types of haram:

    Specific haram — money that had a specific owner and you know for a fact that it belongs to somebody else, and your father took it unlawfully and unjustly. That person is owed that money. You must give it back to that person, their inheritors, or if you cannot contact them, give it in sadaqah on their behalf. If your father blatantly stole a piece of land or an amount of money from a known person, you cannot continue to perpetuate this specific injustice.

    Generic haram — the money was generically haram (e.g., from riba, rishwa/bribery, or selling haram products), but it's not specifically belonging to a known individual. There are no known people you can return the money to. In this case, the third group says: even though it is better for you to get rid of that money, you are not sinful if you acquire it. The reasoning: who are you going to give it back to? Strangers? Your father did the sin. The sin is on your father. Since the money doesn't have specific rightful owners, rather than give it to a group of strangers, you are allowed to keep it — though it's not encouraged, and if you want to be purer and not take it, no doubt that is better for you.

    The sin of that haram money will not transfer to you because there are no specific claimants to that particular wealth.

    Yasir Qadhi's Conclusion — 23:28

    In my humble opinion, this third opinion makes the most sense to me. No doubt, if you were to follow the second opinion — that all such money is haram — that's safer, better, and more blessed to your wealth. But if one follows the third opinion, I would still say: give some sadaqah to purify it for yourself, and realize this is not the purest of money. But to say that you are sinful when you didn't do it — I don't see this as being fair, because there is no individual who can claim, "Hey, that is my money." On the contrary, it's generic haram that the one who did it will have to answer to Allah for.

    This is the position of great scholars like al-Lakhmi of the Malikis and also my own teacher. They say that the money inherited becomes halal for the one who inherits, even if the one from whom it is inherited acquired it from haram means — unless the person knows that this money is stolen from a specific person or acquired illegally from a specific person, in which case he must return it.

    This is a difficult scenario. Between the second and third opinion, whichever one is clear to your conscience should be followed. And Allah knows best.