The Debtors: Are Their Debts Paid After Their Death, and How Are They Paid If Not from Zakah?
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The questioner : The questioner says: Are the debts of debtors paid after their death? And how are they paid from zakah?
The Shaykh : Yes, the debtor after death does not have his debt paid from zakah according to the majority of the scholars. In fact, Abu Ubayd and Ibn 'Abd al-Barr have reported the consensus of the scholars on this. However, the reality is that the scholars did not agree on this, for some of the scholars have permitted paying the debt of the deceased from zakah. But that is a weak position in my view.
The stronger position is that the debt of the deceased is not paid from zakah, as is the view of the majority of the scholars. The evidence for this from the Sunnah is that it is not established that the Prophet (peace and blessings be upon him) paid the debts of debtors from zakah, even though they are sometimes in need of it. The Messenger (may Allah's prayer and peace be upon him) said: When Allah opened up victory for him and wealth became abundant with him, the Prophet (peace and blessings be upon him) used to say: And he used to pay debts from what Allah opened up for him from the public treasury. If paying the debt of the deceased from zakah had been permissible, the Messenger (may Allah's prayer and peace be upon him) would have paid it from zakah, because zakah was obligatory before the conquests. This is from the side of the text.
As for the side of the reasoning, if we permitted paying the debts of the dead on their behalf, the compassion of the living for the dead would be greater than their compassion for the living. They would direct zakah to the debts of their fathers, grandfathers, brothers, and uncles, which had passed years ago, and they would deprive the living of having their debts paid. We see that paying the debt of the living is more deserving than paying the debt of the deceased, even in voluntary charity which is not obligatory. This is because the living person is humiliated by the debt and suffers, whereas the deceased, if he took the money intending to repay it, Allah will repay it for him. And if he took it intending to destroy it, the Prophet (peace and blessings be upon him) said:Bulugh al-Maram 7:94
In summary, my answer to this question is: It is not permissible to pay the debt of the deceased from zakah. As for one who pays it from voluntary charity, that is good and he is to be thanked for it.
The Shaykh : Yes, the debtor after death does not have his debt paid from zakah according to the majority of the scholars. In fact, Abu Ubayd and Ibn 'Abd al-Barr have reported the consensus of the scholars on this. However, the reality is that the scholars did not agree on this, for some of the scholars have permitted paying the debt of the deceased from zakah. But that is a weak position in my view.
The stronger position is that the debt of the deceased is not paid from zakah, as is the view of the majority of the scholars. The evidence for this from the Sunnah is that it is not established that the Prophet (peace and blessings be upon him) paid the debts of debtors from zakah, even though they are sometimes in need of it. The Messenger (may Allah's prayer and peace be upon him) said:
When a deceased person was brought to him, he would ask: Does he have any debt? If they said: He has no debt, he would pray over him. If they said: He has a debt with no means to pay it, he would not pray over him and would say: Pray over your companion.
كان إذا قدم إليه الميت سأل : هل عليه دين ؟ فإن قالوا : لا دين عليه ، صلى عليه ، وإن قالوا : عليه دين لا وفاء له، لم يصل عليه وقال : صلوا على صاحبكمThe most deserving of the believers of themselves is the one who leaves behind a debt, so it is upon his heir to pay it.
أن أولى من المؤمنين بأنفسهم ، من ترك دينا فعلي قضاؤهAs for the side of the reasoning, if we permitted paying the debts of the dead on their behalf, the compassion of the living for the dead would be greater than their compassion for the living. They would direct zakah to the debts of their fathers, grandfathers, brothers, and uncles, which had passed years ago, and they would deprive the living of having their debts paid. We see that paying the debt of the living is more deserving than paying the debt of the deceased, even in voluntary charity which is not obligatory. This is because the living person is humiliated by the debt and suffers, whereas the deceased, if he took the money intending to repay it, Allah will repay it for him. And if he took it intending to destroy it, the Prophet (peace and blessings be upon him) said:
Whoever accepts other people's wealth intending to pay it back, Allah will pay it back for him. And whoever accepts it intending to waste it, Allah, the Most High, will waste (destroy) him.
من أخذ أموال الناس يريد أداءها أدى الله عنه ومن أخذها يريد إتلافها أتلفه اللهIn summary, my answer to this question is: It is not permissible to pay the debt of the deceased from zakah. As for one who pays it from voluntary charity, that is good and he is to be thanked for it.