Paying off the debt of the deceased is not sufficient
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Regarding paying off the debt of the deceased from zakah, what is the stronger opinion in this issue?
The stronger opinion is that paying off the debt of the deceased is not sufficient. Ibn 'Abd al-Barr and Abu 'Ubayd reported the consensus of the scholars that they agreed it is not sufficient. However, there is a point of consideration regarding the transmission of this consensus, because there is scholarly disagreement on the matter. Nevertheless, this disagreement is weak. The evidence for its insufficiency is that the Prophet (peace and blessings be upon him) would be brought a man to pray over, and if he had a debt, he would not pray over him, even though the man usually had wealth subject to zakah. When Allah opened up for him and bestowed upon him the wealth of the polytheists, and wealth became abundant with him, he would pay off the debt of a deceased person brought to him if he had a debt.He says: (The debt is upon me and for me) So the correct view is that it is not sufficient. Furthermore, there is harm to the living, because people's compassion for the dead is stronger than their compassion for the living. If we were to open this door, a person would review the accounts of his grandparents, before his father and mother, to see if they had debts, and then go and pay them off. Likewise, fathers, mothers, and brothers who died recently and had debts; he would go review the accounts and pay them off. Meanwhile, the living, who are burdened with the disgrace of debt, would be left without their debts being paid. The opinion that it is sufficient contradicts the apparent texts in one aspect, and contradicts the interest of the living in another aspect. As for these deceased, if they took the money of people intending to pay it back, then Allah will pay it off for them, as established from the Prophet (peace and blessings be upon him).
And there is also a third concern in it: If the heirs know that the debt of their deceased relative will be paid, and he was not known for being wealthy, they might conceal the estate and say: He left nothing, in order for his debt to be paid and the estate to remain for them.So there are concerns in it, meaning: If a person reflects on it, he will find it to be more than this.
The stronger opinion is that paying off the debt of the deceased is not sufficient. Ibn 'Abd al-Barr and Abu 'Ubayd reported the consensus of the scholars that they agreed it is not sufficient. However, there is a point of consideration regarding the transmission of this consensus, because there is scholarly disagreement on the matter. Nevertheless, this disagreement is weak. The evidence for its insufficiency is that the Prophet (peace and blessings be upon him) would be brought a man to pray over, and if he had a debt, he would not pray over him, even though the man usually had wealth subject to zakah. When Allah opened up for him and bestowed upon him the wealth of the polytheists, and wealth became abundant with him, he would pay off the debt of a deceased person brought to him if he had a debt.He says: (The debt is upon me and for me) So the correct view is that it is not sufficient. Furthermore, there is harm to the living, because people's compassion for the dead is stronger than their compassion for the living. If we were to open this door, a person would review the accounts of his grandparents, before his father and mother, to see if they had debts, and then go and pay them off. Likewise, fathers, mothers, and brothers who died recently and had debts; he would go review the accounts and pay them off. Meanwhile, the living, who are burdened with the disgrace of debt, would be left without their debts being paid. The opinion that it is sufficient contradicts the apparent texts in one aspect, and contradicts the interest of the living in another aspect. As for these deceased, if they took the money of people intending to pay it back, then Allah will pay it off for them, as established from the Prophet (peace and blessings be upon him).
And there is also a third concern in it: If the heirs know that the debt of their deceased relative will be paid, and he was not known for being wealthy, they might conceal the estate and say: He left nothing, in order for his debt to be paid and the estate to remain for them.So there are concerns in it, meaning: If a person reflects on it, he will find it to be more than this.
