Is it obligatory for the heirs to pay off the deceased's debt if he did not leave behind sufficient assets?
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Question:
He says: Honorable Shaykh, may Allah grant you success, if the deceased had a debt, are the heirs required to pay his debt, each according to his share?
Answer:
No, that is not required of them; it is not obligatory for them. Rather, if they wish to be dutiful to their father and give charity on his behalf, they pay off his debts as an act of dutifulness. But that it is obligatory for them? No.
The debt is in the estate of the deceased. But note that when the deceased dies, the first thing to be done is his funeral expenses, the cost of preparing his body. Then, after the funeral expenses, the debts he owed are paid, whether they are owed to Allah or to His creation. Then, after the debts, the bequest he made is fulfilled. Then, after the bequest, the inheritance is distributed. These are the rights related to the estate itself. For this reason, Allah the Exalted repeated:[An-Nisa 4:12] It is necessary to prioritize these matters; the inheritance does not come until last.
He says: Honorable Shaykh, may Allah grant you success, if the deceased had a debt, are the heirs required to pay his debt, each according to his share?
Answer:
No, that is not required of them; it is not obligatory for them. Rather, if they wish to be dutiful to their father and give charity on his behalf, they pay off his debts as an act of dutifulness. But that it is obligatory for them? No.
The debt is in the estate of the deceased. But note that when the deceased dies, the first thing to be done is his funeral expenses, the cost of preparing his body. Then, after the funeral expenses, the debts he owed are paid, whether they are owed to Allah or to His creation. Then, after the debts, the bequest he made is fulfilled. Then, after the bequest, the inheritance is distributed. These are the rights related to the estate itself. For this reason, Allah the Exalted repeated:
a third, after any bequest which was made or debt
فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ
Source
قناة «العلامة الدكتور صالح الفوزان»، [1654 -2802] هل يلزم الورثة قضاء دين الميت إن لم يترك وفاءً؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
