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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Debt of a Deceased Person Whose Creditor Is Unknown

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Question:
The fourth question says: A man passed away with a debt that had been outstanding for twenty years, and he did not inform us about it because he had forgotten it. After his death, we found papers written with this debt and the man's name. We searched for him but could not find him, and it was said that he had passed away. What is the ruling?

Answer:
If the debt is established against the deceased, the creditors are given their rights from his estate. If the creditor dies, his heirs are given the debt. If the debt is established in the Sharia court, the debt is paid to the rights of its owners, whether from the deceased's own estate or from the estate of his heirs if knowledge of it came after his death. The point is that the right is extracted for the owner of the right or for his heirs, after it is established in the court or the heirs acknowledge it, provided they are guided, sane people who know that if they acknowledge the right, they must hand it over to the one entitled to it. If they do not acknowledge it and the court establishes it, likewise. If they are minors, the court's oversight is necessary. If the court establishes a right regarding the debt, it is paid from the estate of the heirs of the court.
Source فتاوى الحج - ٢ — archive.org (55:17)

The Arabic text is a machine transcription of the audio recording.

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