The Cost of Preparing the Deceased and Its Priority Over Debts
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. You mentioned, may Allah preserve you, that the estate is subject to rights, and you mentioned that the first of these rights is debt. Who is responsible for the cost of preparing the deceased, including washing him, burying him, and shrouding him? And is this considered part of the debt?
Answer:
This will come up, if Allah wills, in the book on inheritance which we have reached. However, there is scholarly disagreement on this issue. Some scholars say that the cost of preparing the deceased takes priority, because when the man in ihram died with the Messenger (peace and blessings be upon him) at 'Arafah, he said and he did not ask whether he had any debts or not. Also, because his maintenance during his lifetime takes priority over debt, so likewise the cost of preparing him, including his shroud, the fee for washing him, the fee for carrying him, and the fee for digging the grave.
The cost of preparation takes priority over debts; this is the first opinion. The second opinion says no, debts take priority over the cost of preparation, because no one else will pay them off. As for the cost of preparation, the ruler or the public treasury takes care of it. If there is no cost for preparation, the ruler is the one who prepares him, preparing him from the public treasury.
He says: Honorable Shaykh, may Allah grant you success. You mentioned, may Allah preserve you, that the estate is subject to rights, and you mentioned that the first of these rights is debt. Who is responsible for the cost of preparing the deceased, including washing him, burying him, and shrouding him? And is this considered part of the debt?
Answer:
This will come up, if Allah wills, in the book on inheritance which we have reached. However, there is scholarly disagreement on this issue. Some scholars say that the cost of preparing the deceased takes priority, because when the man in ihram died with the Messenger (peace and blessings be upon him) at 'Arafah, he said
Shroud him in his two garments
كفنوه في ثوبيهThe cost of preparation takes priority over debts; this is the first opinion. The second opinion says no, debts take priority over the cost of preparation, because no one else will pay them off. As for the cost of preparation, the ruler or the public treasury takes care of it. If there is no cost for preparation, the ruler is the one who prepares him, preparing him from the public treasury.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/104 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:12:52)
The Arabic text is a machine transcription of the audio recording.
