Paying a debt from the estate of a person who died suddenly
Machine translationRead the Arabic original
Question:
He also asks: If a person dies suddenly and has not paid off a debt, is it permissible for his family to pay the debt from his estate?
Answer:
Yes. If they died without having fasted, it is permissible for the family to give from his wealth one-third, or less, or more, if they are of sound mind and they permit giving from his wealth one-third, or one-quarter, or less, or more, or to establish a waqf (endowment) or to endow a house. Both of these are excused. But if they are of sound mind, as for the minors and the foolish, no. This is the right of those of sound mind if they permit and give something from his wealth as a waqf for him, there is no harm. As for the minors, no, nothing is taken from their right, and the orphans are given their full right. Yes.
He also asks: If a person dies suddenly and has not paid off a debt, is it permissible for his family to pay the debt from his estate?
Answer:
Yes. If they died without having fasted, it is permissible for the family to give from his wealth one-third, or less, or more, if they are of sound mind and they permit giving from his wealth one-third, or one-quarter, or less, or more, or to establish a waqf (endowment) or to endow a house. Both of these are excused. But if they are of sound mind, as for the minors and the foolish, no. This is the right of those of sound mind if they permit and give something from his wealth as a waqf for him, there is no harm. As for the minors, no, nothing is taken from their right, and the orphans are given their full right. Yes.
Source
لقاءات لابن باز - لقاء مفتوح مع الشيخ ابن باز-١ — archive.org (1:16:35)
The Arabic text is a machine transcription of the audio recording.