The World Federation One Stop Fiqh

Ruling 2297

If a person has no access to his lender and has no hope of finding him or his heirs in the future, he must give what he owes to a poor person (faqīr) on behalf of the lender. The obligatory precaution here is that he must obtain authorisation from a fully qualified jurist (al‑ḥākim al‑sharʿī). However, if he has hope of finding his lender or his heirs, he must wait and search for him. In the event that he does not find him, he must make a will (waṣiyyah) to the effect that if he dies and his lender or his heirs are found, he/they must be paid from his estate what he/they are owed.