Is it permissible for a man to settle the debt of a deceased person and then take it from his estate?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A person passed away two days ago and he had an obligation. Is it permissible for one of his relatives to settle this obligation and this debt while the disposal of his property is still pending?
Answer:
He may donate to him. However, paying the debt as a loan against the estate, where it is not paid from the estate and he rushes to do so before the division and before the inheritance, is not permissible. If he has no estate and one of his brothers donates and settles it for him, there is no harm; this is a recommended practice (sunnah). But lending it against the estate, no, that is not permissible.
He says: Honorable Shaykh, may Allah grant you success. A person passed away two days ago and he had an obligation. Is it permissible for one of his relatives to settle this obligation and this debt while the disposal of his property is still pending?
Answer:
He may donate to him. However, paying the debt as a loan against the estate, where it is not paid from the estate and he rushes to do so before the division and before the inheritance, is not permissible. If he has no estate and one of his brothers donates and settles it for him, there is no harm; this is a recommended practice (sunnah). But lending it against the estate, no, that is not permissible.
Source
قناة «العلامة الدكتور صالح الفوزان»، [237 -582] هل يجوز للرجل تسديد دين من مات ثم يأخذها من تركته؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
