Paying the deceased's debt takes precedence over distributing the estate
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Fatwa number ( 5421 )
Q: A man, my paternal uncle, my father's brother, was decreed by Allah to pass away in a car accident in al-Hasa, leaving behind children and daughters, the eldest of whom
was born in 1388 AH, and all of them are minors. We found nothing of his wealth after his death except that he was burdened with debts. He is to be inherited by eight children, his mother, and two wives. I have taken charge of all his children, as I am their grandfather. The government has paid a sum of money, as he was working as a first-class soldier in the National Guard. I am confused about this amount: should I use it to pay the debts or give it to the heirs? I ask you to give me a fatwa to follow.
A: The debt should be paid first from what was received in exchange for his service, his leave, and his bonus from the National Guard. After the debt is settled, whatever remains of these amounts is to be distributed to the heirs according to what the pure Shari'ah requires. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man, my paternal uncle, my father's brother, was decreed by Allah to pass away in a car accident in al-Hasa, leaving behind children and daughters, the eldest of whom
was born in 1388 AH, and all of them are minors. We found nothing of his wealth after his death except that he was burdened with debts. He is to be inherited by eight children, his mother, and two wives. I have taken charge of all his children, as I am their grandfather. The government has paid a sum of money, as he was working as a first-class soldier in the National Guard. I am confused about this amount: should I use it to pay the debts or give it to the heirs? I ask you to give me a fatwa to follow.
A: The debt should be paid first from what was received in exchange for his service, his leave, and his bonus from the National Guard. After the debt is settled, whatever remains of these amounts is to be distributed to the heirs according to what the pure Shari'ah requires. 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.