Paying off a debt takes precedence over the rights of the heirs
Machine translationRead the Arabic original
Fatwa number ( 17171 )
Q: My father borrowed a sum of three thousand Kuwaiti dinars before his death, and he bequeathed that the debt be paid, knowing that I am his executor. Do I pay the debt from the inheritance before it is distributed to the heirs, or do I pay it from one-third of the inheritance?
A: It is obligatory to pay off the debt of the deceased before dividing the estate, because paying off the debt takes precedence over the rights of the heirs if the debt is established by valid legal evidence or by the admission of the adult heirs.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father borrowed a sum of three thousand Kuwaiti dinars before his death, and he bequeathed that the debt be paid, knowing that I am his executor. Do I pay the debt from the inheritance before it is distributed to the heirs, or do I pay it from one-third of the inheritance?
A: It is obligatory to pay off the debt of the deceased before dividing the estate, because paying off the debt takes precedence over the rights of the heirs if the debt is established by valid legal evidence or by the admission of the adult heirs.
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.