Also, he says: If a person dies and has a debt, and he did not leave behind any wealth from which this debt can be paid, is it obligatory for his heirs to pay that debt on his behalf, or not?
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The questioner : Also, he says: If a person dies and has a debt, and he did not leave behind any wealth from which this debt can be paid, is it obligatory for his heirs to pay that debt on his behalf, or not?
The Shaykh : It is not obligatory for his heirs to pay this debt on his behalf, whether they are distant relatives or close relatives. However, if the deceased was a parent, his children should pay it on his behalf, because that is part of being dutiful to him. As for obligation, it is not obligatory, because if we made it obligatory, we would be making them sinful for leaving the payment, and this contradicts the saying of Allah the Exalted:[Al-An'am 6:164] And if we said that paying the debt of a deceased person who did not leave an estate is obligatory, this would open the door for those who do not care about incurring debts. One of them would say, "I will take on debt, and when I die, my family or my heirs will pay the debt for me," and he would not care about what he borrows and what he incurs in his liability. Then I say: If a person dies and has a debt, and he had taken the money of people intending to pay it back, Allah will pay it on his behalf. Indeed, Allah the Exalted will pay it on his behalf from His bounty and generosity, and He will satisfy the people of the right. Yes.
The questioner : He also says: If a man marries another wife, or wants to marry a wife...
The Shaykh : If... if?
The questioner : Yes.
The Shaykh : If?
The questioner : If so.
The Shaykh : It is not obligatory for his heirs to pay this debt on his behalf, whether they are distant relatives or close relatives. However, if the deceased was a parent, his children should pay it on his behalf, because that is part of being dutiful to him. As for obligation, it is not obligatory, because if we made it obligatory, we would be making them sinful for leaving the payment, and this contradicts the saying of Allah the Exalted:
and no bearer of burdens will bear the burden of another
وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىThe questioner : He also says: If a man marries another wife, or wants to marry a wife...
The Shaykh : If... if?
The questioner : Yes.
The Shaykh : If?
The questioner : If so.
