His brother passed away, leaving behind a debt and an expiation, and he had not performed Hajj. Should the expiation be paid on his behalf and Hajj performed for him from his estate, and how is his estate distributed to his father?
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Question:
He says: My brother died, and he had a debt and an expiation, and he had not performed Hajj. As for the debt, we have paid it off on his behalf, praise be to Allah. The expiation was because he ran over a small child who was about two years old, and my brother was an adult at the time. He did not fast for two consecutive months, nor did he free a slave. Should a slave be freed on his behalf from the money he left behind? And how is that done? Should it be paid from his money or from our personal money? And how is the estate divided among my parents? Without any intermediaries? May Allah reward you with the best reward for us and for the Muslims.
Answer:
What is obligatory for you in this case is to start with the debt; because the expiation is a debt in the liability of this deceased person, and likewise Hajj, if he did not fulfill the obligation of Islam, then Hajj is also a debt in his liability. So you must execute this debt first before the inheritance; by freeing a slave, meaning you buy a slave and free him if you find that possible, if you find a slave being sold, then buy a slave from the estate and free him as an expiation for this person. And if you do not find a slave being sold, then if you fast on his behalf, if you fast on his behalf for two consecutive months, that would clear his liability, but this is not obligatory upon you; rather, it is a form of voluntary contribution from you. However, if a slave is found, this is an obligatory matter that comes out of his estate. As for the issue of Hajj, likewise, the amount needed to perform Hajj on his behalf comes out of his estate. For example, someone trustworthy who has already fulfilled his own obligation is entrusted with it, and he is given the costs of Hajj from the estate. Then, after that, the inheritance comes to his relatives to whom Allah, Glorified and Exalted is He, has assigned rights of inheritance. Yes.
The presenter:
May Allah reward you with good. He asks about how to divide his estate with respect to his father? May Allah reward you with good. That is, he asks about how the estate is divided with respect to the father of the deceased, who is also the father of the questioner. We said first that one starts with the debt owed to Allah in his liability, from the expiation and from Hajj. As for distributing the estate among the heirs, this requires knowing who the heirs are that he left behind. Fine, fine. Can we not do it now because he did not specify who the heirs are? Yes. May Allah reward you with good.
He says: My brother died, and he had a debt and an expiation, and he had not performed Hajj. As for the debt, we have paid it off on his behalf, praise be to Allah. The expiation was because he ran over a small child who was about two years old, and my brother was an adult at the time. He did not fast for two consecutive months, nor did he free a slave. Should a slave be freed on his behalf from the money he left behind? And how is that done? Should it be paid from his money or from our personal money? And how is the estate divided among my parents? Without any intermediaries? May Allah reward you with the best reward for us and for the Muslims.
Answer:
What is obligatory for you in this case is to start with the debt; because the expiation is a debt in the liability of this deceased person, and likewise Hajj, if he did not fulfill the obligation of Islam, then Hajj is also a debt in his liability. So you must execute this debt first before the inheritance; by freeing a slave, meaning you buy a slave and free him if you find that possible, if you find a slave being sold, then buy a slave from the estate and free him as an expiation for this person. And if you do not find a slave being sold, then if you fast on his behalf, if you fast on his behalf for two consecutive months, that would clear his liability, but this is not obligatory upon you; rather, it is a form of voluntary contribution from you. However, if a slave is found, this is an obligatory matter that comes out of his estate. As for the issue of Hajj, likewise, the amount needed to perform Hajj on his behalf comes out of his estate. For example, someone trustworthy who has already fulfilled his own obligation is entrusted with it, and he is given the costs of Hajj from the estate. Then, after that, the inheritance comes to his relatives to whom Allah, Glorified and Exalted is He, has assigned rights of inheritance. Yes.
The presenter:
May Allah reward you with good. He asks about how to divide his estate with respect to his father? May Allah reward you with good. That is, he asks about how the estate is divided with respect to the father of the deceased, who is also the father of the questioner. We said first that one starts with the debt owed to Allah in his liability, from the expiation and from Hajj. As for distributing the estate among the heirs, this requires knowing who the heirs are that he left behind. Fine, fine. Can we not do it now because he did not specify who the heirs are? Yes. May Allah reward you with good.
Source
قناة «العلامة الدكتور صالح الفوزان»، توفي أخاه وعليه ودين وكفارة ولم يحج فهل يدفع عنه الكفارة ويحج له من ماله وكيف توزع تركته على والده؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.