The Debt of the Deceased
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Question: There is a Muslim man who borrowed a sum of money from the People of the Book. This Muslim man passed away three years ago and did not repay his debt, and his family does not know about it. I wanted to inform his family about it so that they could pay it off on his behalf, but the creditor refused to inform them without forgiving the debt. I know the necessity of fulfilling the debt of the deceased, for his soul is held hostage by his debt. What is your opinion on this matter? May Allah reward you.
Answer: What is obligatory for you, O questioner, is to inform the awliya (close friends of Allah) of the deceased about the debt he owes to this person from the People of the Book, or to this person you mentioned who has a right against him. It is obligatory for you to inform the awliya of the deceased; this is what is required of you. As for whether they pay it off on his behalf or not, that is a matter up to them. If there is a document for the debt and it is established, then it is certainly obligatory for them to pay it off. If there is no document other than the testimony you gave, then this does not establish the right, but it is considered a circumstance or part of a circumstance, or part of evidence. This is up to them, and the most cautious and best course for them is to clear the conscience of their deceased relative from his debt.
Question: If she pays it off as a form of voluntary charity, is that sufficient?
Answer: If she pays it off, that is a good thing, or if any Muslim pays it off on behalf of this deceased man, that is a good thing. He will be rewarded for it, and the conscience of the deceased will be cleared by it.
Answer: What is obligatory for you, O questioner, is to inform the awliya (close friends of Allah) of the deceased about the debt he owes to this person from the People of the Book, or to this person you mentioned who has a right against him. It is obligatory for you to inform the awliya of the deceased; this is what is required of you. As for whether they pay it off on his behalf or not, that is a matter up to them. If there is a document for the debt and it is established, then it is certainly obligatory for them to pay it off. If there is no document other than the testimony you gave, then this does not establish the right, but it is considered a circumstance or part of a circumstance, or part of evidence. This is up to them, and the most cautious and best course for them is to clear the conscience of their deceased relative from his debt.
Question: If she pays it off as a form of voluntary charity, is that sufficient?
Answer: If she pays it off, that is a good thing, or if any Muslim pays it off on behalf of this deceased man, that is a good thing. He will be rewarded for it, and the conscience of the deceased will be cleared by it.