He passed away leaving money for his children, and he had a debt. Which takes precedence: dividing the estate or paying off the debt?
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The first question of Fatwa number ( 9096 )
Q1: A man passed away leaving a large amount of money for his children, and at the same time, he was in debt to another person. The request is for a Qur'anic verse indicating that the heirs may divide the money and then pay the debt, or a hadith.
A1: It is obligatory, if the deceased was in debt, to pay off his debt first, then to execute his lawful bequest if he made one, and then to divide his estate among his heirs; based on the saying of Allah the Exalted:[An-Nisa 4:11] up to His saying: [An-Nisa 4:11] , then He said: [An-Nisa 4:12] , up to His saying: [An-Nisa 4:12] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A man passed away leaving a large amount of money for his children, and at the same time, he was in debt to another person. The request is for a Qur'anic verse indicating that the heirs may divide the money and then pay the debt, or a hadith.
A1: It is obligatory, if the deceased was in debt, to pay off his debt first, then to execute his lawful bequest if he made one, and then to divide his estate among his heirs; based on the saying of Allah the Exalted:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِafter any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍAnd for you is half of what your wives leave if they have no child
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌafter any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
مِنْ بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ وَصِيَّةً مِنَ اللَّهِ وَاللَّهُ عَلِيمٌ حَلِيمٌ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.