The Debt of the Deceased
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The first question of Fatwa No. ( 17548 )
Q 1: Our father has passed away and he has a debt. We are unable to settle this debt within two years; rather, we can only pay a portion of it during these two years. His daughter’s husband has already cleared his debt by paying it off. Our father owns two buildings that are rented out annually during Ramadan and the Hajj season, but their income is not sufficient to settle his debt currently. He also has two married daughters, one adult unmarried daughter, and five children who have not reached puberty (boys). Our question is: 1- Should we meet personally with these people who are owed money and agree with them on a method of repayment in installments, paying a specific amount each year? 2- Does the deceased have any accountability for which he will be punished after his debt has been cleared, given that the one responsible for settling that debt is his daughter’s husband? 3- Or should we sell one of the buildings, even though those buildings are mortgaged and the mortgage cannot be released except by paying an amount to settle it? Please advise us.
A 1: It is obligatory to hasten to settle the debt of the deceased, either by selling the two buildings or one of them and paying off what he owes, unless the creditors agree to receive the debt from the annual rents of the buildings until they have recovered their debts, in which case there is no harm in that. And if some of the living bear the debt of the deceased, this does not clear his liability until it is paid off on his behalf. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 1: Our father has passed away and he has a debt. We are unable to settle this debt within two years; rather, we can only pay a portion of it during these two years. His daughter’s husband has already cleared his debt by paying it off. Our father owns two buildings that are rented out annually during Ramadan and the Hajj season, but their income is not sufficient to settle his debt currently. He also has two married daughters, one adult unmarried daughter, and five children who have not reached puberty (boys). Our question is: 1- Should we meet personally with these people who are owed money and agree with them on a method of repayment in installments, paying a specific amount each year? 2- Does the deceased have any accountability for which he will be punished after his debt has been cleared, given that the one responsible for settling that debt is his daughter’s husband? 3- Or should we sell one of the buildings, even though those buildings are mortgaged and the mortgage cannot be released except by paying an amount to settle it? Please advise us.
A 1: It is obligatory to hasten to settle the debt of the deceased, either by selling the two buildings or one of them and paying off what he owes, unless the creditors agree to receive the debt from the annual rents of the buildings until they have recovered their debts, in which case there is no harm in that. And if some of the living bear the debt of the deceased, this does not clear his liability until it is paid off on his behalf. 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.