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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Holding funeral gatherings from the deceased's estate when he has debts

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Question:
May Allah reward you, may Allah reward you for what you mentioned. The issue of wasting money brought to mind a matter: some of the deceased may have debts, or may not have performed the obligatory Hajj, or have other such matters, yet attention is given to what you referred to, namely setting up tents and mourning gatherings.

Answer:
If these mourning gatherings and tents are held from the deceased's estate, this is forbidden, because the deceased's estate belongs to the heirs. Taking it for these gatherings is an injustice to the heirs, especially if there are minors among them, such as orphans and the poor; this is an injustice to them. If the deceased has debts to Allah, such as expiations or valid lawful vows, or if he has not performed the Hajj of Islam, then it is obligatory to begin by paying off his debts, whether they are debts to Allah the Exalted or debts to created beings. The debt takes precedence over the bequest and takes precedence over the inheritance, because the rights of created beings are based on strictness, and so is the debt to Allah, Glorified and Exalted is He. Allah has the most right to be paid. If he has a vow, an expiation, or the Hajj of Islam, then it is obligatory to take from his estate what is needed to pay off these debts. Holding these mourning gatherings may prevent the payment of the debts on the deceased, which would be an injustice to the deceased and would leave his conscience encumbered by debts, depriving him of being cleared of them. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، ماحكم إقامة المأتم وما حكم صنع الطعام في بيت أهل الميت؟ الشيخ صالح بن فوزان الفوزان — youtube.com (3:35)

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

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