Question:
We loaned money to a relative who passed away, and now we will be paid back from his estate once the estate and probate is wrapped up. Are we allowed to charge interest on our loan money whether with a heter iska or without one? Since the payer will now be a non-person but rather a estate/trust? The loan came at considerable difficulty for us but we knew it was important to keep the person solvent. So perhaps the loan was closer to an investment lechatchila? Do all the trustees of the trust have to sign the heter iska?
Thank you so much for your help.
Answer:
Hello,
The money that is paid back to you from the estate, was never borrowed from the inheritors, as they never borrowed money from you. If you signed a contract, that had witnesses, then you are entitled to money from the estate, however it is still not the loan of the inheritors. They are in no way obligated to give you interest, as this was not agreed upon, and even if it was, if there was no heter iska they wouldn't have to pay it. If they decide to give you some extra money from the estate that they inherited, that is not interest money rather a present, that they are giving from the goodness of their hearts. Therefore it would not be ribbis of they gave you this present, although they are in no way obligated to do so.
There is no need for you to write a heter iska, unless they want to stall off the payment time, and will give you extra money for it. Otherwise there is no need to write a heter iska.
Best wishes