The presenter: Paying off debts in the division of the estate
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Fatwa number ( 21905 )
Q: I inform you that my father has passed away, leaving behind heirs and a sum of 29,533 riyals. He also has a debt to the Real Estate Development Fund amounting to 128,000 (one hundred and twenty-eight thousand). Should I divide the aforementioned amount among the heirs, or should I pay off the Real Estate Fund’s debt? Please note that the residence for which the loan was taken from the Real Estate Fund is currently unoccupied, not rented out, and we only stay in it when we travel to that area. I ask Allah, then your Eminence, for a ruling on what to do with the existing funds and the house.
A: It is obligatory to pay off the debts of the deceased, then to carry out his bequest if it is within the limit of one-third or less, and is for a non-heir. What remains after paying the debts and executing the bequest is divided among the heirs who were identified in the deed; for when Allah, Glorified and Exalted is He, mentioned inheritance, He said:[An-Nisa 4:11], and the Messenger of Allah (peace and blessings be upon him) ruled that the debt is to be paid before the bequest. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I inform you that my father has passed away, leaving behind heirs and a sum of 29,533 riyals. He also has a debt to the Real Estate Development Fund amounting to 128,000 (one hundred and twenty-eight thousand). Should I divide the aforementioned amount among the heirs, or should I pay off the Real Estate Fund’s debt? Please note that the residence for which the loan was taken from the Real Estate Fund is currently unoccupied, not rented out, and we only stay in it when we travel to that area. I ask Allah, then your Eminence, for a ruling on what to do with the existing funds and the house.
A: It is obligatory to pay off the debts of the deceased, then to carry out his bequest if it is within the limit of one-third or less, and is for a non-heir. What remains after paying the debts and executing the bequest is divided among the heirs who were identified in the deed; for when Allah, Glorified and Exalted is He, mentioned inheritance, He said:
after any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.