A person assuming the responsibility of paying off the debts of the deceased
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The second question of Fatwa No. ( 19679 )
Q 2: If the deceased debtor has a brother or relative who wishes to pay off his debts, but does not have the money available, does the debt of the deceased fall away if the relative borrows money to pay it on his behalf, and is the deceased’s conscience cleared by this? Please inform us?
A 2: If a person assumes the responsibility of paying off the debts of the deceased, whether he assumes them in
his own liability while he is wealthy, or borrows them and pays them immediately to the creditors; then the deceased’s conscience is cleared and the debt falls away from him. However, the clearing of his conscience is not realized except by paying the right to its owners. This is indicated by what Jabir (may Allah be pleased with him) narrated, saying: It was narrated by the Imam Ahmad in (his Musnad, vol. 3, p. 330), and Abu Dawud and al-Nasa'i narrated something similar.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 2: If the deceased debtor has a brother or relative who wishes to pay off his debts, but does not have the money available, does the debt of the deceased fall away if the relative borrows money to pay it on his behalf, and is the deceased’s conscience cleared by this? Please inform us?
A 2: If a person assumes the responsibility of paying off the debts of the deceased, whether he assumes them in
his own liability while he is wealthy, or borrows them and pays them immediately to the creditors; then the deceased’s conscience is cleared and the debt falls away from him. However, the clearing of his conscience is not realized except by paying the right to its owners. This is indicated by what Jabir (may Allah be pleased with him) narrated, saying:
A man died, so we washed him, applied camphor to him, and shrouded him. Then we brought him to the Messenger of Allah (peace and blessings be upon him) to pray over him. We said: Will you pray over him? He took a few steps and then said: Does he have any debt? We said: Two dinars. So he turned away. Abu Qatadah assumed responsibility for them. We came to him, and Abu Qatadah said: The two dinars are on me. The Messenger of Allah (peace and blessings be upon him) said: The creditor’s right is established, and the deceased is cleared of them. He said: Yes. So he prayed over him. Then, a day later, he said: What happened to the two dinars? He said: He only died yesterday. He said: So he returned to him the next day and said: I have paid them off. The Messenger of Allah (peace and blessings be upon him) said: Now his skin has cooled down.
توفي رجل فغسَّلناه وحنَّطناه، وكفَّناه، ثم أتينا به رسول الله صلى الله عليه وسلم يصلي عليه، فقلنا: تصلي عليه؟ فخطا خطًى ثم قال: أعليه دين؟ قلنا: ديناران، فانصرف، فتحملهما أبو قتادة ، فأتيناه فقال أبو قتادة : الديناران عليَّ، فقال رسول الله صلى الله عليه وسلم حق الغريم وبرئ منهما الميت قال: نعم، فصلى عليه، ثم قال بعد ذلك بيوم: ما فعل الديناران؟ فقال: إنما مات أمس، قال: فعاد إليه من الغد فقال قد قضيتهما، فقال رسول الله صلى الله عليه وسلم: الآن بردت عليه جلدهAnd 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.