Delay in paying the debts of the deceased to their creditors
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Fatwa number ( 1893 )
Q: My eldest brother passed away after our father died, and we had not yet divided the estate our father left behind. My brother left behind children, so I divided the estate with his children. It was agricultural land, divided as a means of livelihood, but then it became upon
the deceased a debt, and the creditors became a barrier between me and them, which was the revolution that occurred in Yemen, so I was delayed in paying the debt for more than seven years for the reasons mentioned. During this period, no one from the creditors came forward to ask for anything. After this period, contact was established between me and them, so I paid them their right without any reduction, and I asked them to forgive me and the deceased for the delay. I gave them from my personal money without taking anything from anyone in return, but rather with a willing heart from me. So is there a sin upon me for this delay or not?
A: If the situation is as you described, that you were unable to pay the debts to their owners due to the obstacle you mentioned, and that you paid them as soon as you were able to do so, then there is no sin upon you; due to the generality of the saying of Allah the Exalted:[Al-Baqarah 2:286] , and His saying: [Al-Hajj 22:78] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My eldest brother passed away after our father died, and we had not yet divided the estate our father left behind. My brother left behind children, so I divided the estate with his children. It was agricultural land, divided as a means of livelihood, but then it became upon
the deceased a debt, and the creditors became a barrier between me and them, which was the revolution that occurred in Yemen, so I was delayed in paying the debt for more than seven years for the reasons mentioned. During this period, no one from the creditors came forward to ask for anything. After this period, contact was established between me and them, so I paid them their right without any reduction, and I asked them to forgive me and the deceased for the delay. I gave them from my personal money without taking anything from anyone in return, but rather with a willing heart from me. So is there a sin upon me for this delay or not?
A: If the situation is as you described, that you were unable to pay the debts to their owners due to the obstacle you mentioned, and that you paid them as soon as you were able to do so, then there is no sin upon you; due to the generality of the saying of Allah the Exalted:
Allah does not charge a soul except [with that within] its capacity
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلا وُسْعَهَاand has not placed upon you in the religion any difficulty
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.