He assumed his brother's blood money but was unable to pay it off and asked the heirs to pay it
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Fatwa number ( 21055 )
Q: A brother of mine, who was older than me, passed away about eleven years ago. I washed his body and had those with me testify that any debt he owed was now my responsibility. After I attended the funeral prayer, I had the people present testify to this as well. Then, when we lowered him into the grave, I did the same. We then held the condolence gathering, and afterward, many people came to me demanding the debt. I calculated the debt and settled it in
During about fifteen days, the debt was more than I had imagined. The people of good helped me, and praise be to Allah. Then I found that he had a loan of 126,000 from the Agricultural Bank. I asked for a waiver of the debt for eight years or more, but I was not successful. The loan was secured by a farm, a well, and a tractor. They raised his children and employed them. They married off the eldest, and they are working; the eldest is in the police force in 'Asir, and the second is a nurse in the Armed Forces Hospital. I asked them to pay off the Agricultural Bank out of fear for their father, but they did not pay, even though I had asked the eldest, in the presence of one of his relatives, to take on whatever debt was on my shoulders from the deceased's estate. Therefore, I ask Allah, then you, for a ruling regarding what befalls the deceased. Is it possible to transfer the loan from the deceased's name to the heir's name? Is there anything on my shoulders regarding the aforementioned loan? May Allah reward you with good.
A: The debt is attached to the deceased's estate. It must be paid from the estate before inheritance is distributed. As long as the debt has not been paid, it remains on the deceased's shoulders. You must refer to the Shari'ah court to pay this debt of the deceased from his estate and to take it from the heirs for that purpose. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A brother of mine, who was older than me, passed away about eleven years ago. I washed his body and had those with me testify that any debt he owed was now my responsibility. After I attended the funeral prayer, I had the people present testify to this as well. Then, when we lowered him into the grave, I did the same. We then held the condolence gathering, and afterward, many people came to me demanding the debt. I calculated the debt and settled it in
During about fifteen days, the debt was more than I had imagined. The people of good helped me, and praise be to Allah. Then I found that he had a loan of 126,000 from the Agricultural Bank. I asked for a waiver of the debt for eight years or more, but I was not successful. The loan was secured by a farm, a well, and a tractor. They raised his children and employed them. They married off the eldest, and they are working; the eldest is in the police force in 'Asir, and the second is a nurse in the Armed Forces Hospital. I asked them to pay off the Agricultural Bank out of fear for their father, but they did not pay, even though I had asked the eldest, in the presence of one of his relatives, to take on whatever debt was on my shoulders from the deceased's estate. Therefore, I ask Allah, then you, for a ruling regarding what befalls the deceased. Is it possible to transfer the loan from the deceased's name to the heir's name? Is there anything on my shoulders regarding the aforementioned loan? May Allah reward you with good.
A: The debt is attached to the deceased's estate. It must be paid from the estate before inheritance is distributed. As long as the debt has not been paid, it remains on the deceased's shoulders. You must refer to the Shari'ah court to pay this debt of the deceased from his estate and to take it from the heirs for that purpose. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.