A man died and one of his heirs owed him a debt; is this heir required to pay the debt before the estate is divided?
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The questioner : If the deceased lent money to one of the heirs, is the heir required to pay this debt? And if the heir lent money to the deceased, is this debt deducted from the inheritance?
The Shaykh : Both are obligatory. That is, if the deceased died with a debt, the heirs must hasten to pay it.
The questioner : The debt is owed to the heir.
The Shaykh : Listen.
The questioner : The debt is owed to the heir.
Another questioner : To one of the heirs.
The questioner : The debt is owed to one of the heirs.
The Shaykh : You mentioned two scenarios, may Allah guide you.
The questioner : Let me repeat the question, please. If the deceased lent money to one of his heirs, are the other heirs required to claim this debt?
The Shaykh : Yes.
The questioner : The second case, if the heir...
The Shaykh : I got the answer. Yes.
The questioner : Yes, ah.
The Shaykh : The second one.
The questioner : The second case: if the heir had lent money to the deceased, is it deducted from the inheritance?
The Shaykh : It is deducted before the inheritance is divided. The debt must be deducted.
The questioner : Yes, okay. If the deceased left a bequest of less than one-third and the heirs did not execute the bequest, do they...
The Shaykh : How? How?
The questioner : If the deceased left a bequest of less than one-third and the heirs did not execute the bequest, do they fall into what is forbidden?
The Shaykh : Of course, they fall into disobedience of the command[An-Nisa 4:11]. Just as it is not permissible for the heirs to fail to pay the debts of the deceased, whether the debt is to a living person or to the deceased's creditors, so it is not permissible for the heirs to fail to execute his bequest, as long as the bequest is lawful. However, if it contradicts the Shari'ah, it is not permissible, as he (peace and blessings be upon him) said:
Another questioner : Our master.The Shaykh : But I want to clarify the debt. The debt owed by the deceased, who is his son, helped him in building the house.
The Shaykh : Hmm, our man is back here.
The questioner : So, is this based on the fact that, well, we are in this situation, the matter is... we want to get out of it, so that you bear it, may your excellence...The Shaykh
Another questioner : Because the incident is fresh, Shaykh.
The questioner : I mean, the days are...
The Shaykh : The answer to this question has already been given, my dear, and I was not asleep at the time. When I mentioned two hadiths, I said: All of this was mentioned, and I answered this question. Yes.
The questioner : Two questions regarding prisoners; we would like to have them answered in this session. The first one.
The Shaykh : Both are obligatory. That is, if the deceased died with a debt, the heirs must hasten to pay it.
The questioner : The debt is owed to the heir.
The Shaykh : Listen.
The questioner : The debt is owed to the heir.
Another questioner : To one of the heirs.
The questioner : The debt is owed to one of the heirs.
The Shaykh : You mentioned two scenarios, may Allah guide you.
The questioner : Let me repeat the question, please. If the deceased lent money to one of his heirs, are the other heirs required to claim this debt?
The Shaykh : Yes.
The questioner : The second case, if the heir...
The Shaykh : I got the answer. Yes.
The questioner : Yes, ah.
The Shaykh : The second one.
The questioner : The second case: if the heir had lent money to the deceased, is it deducted from the inheritance?
The Shaykh : It is deducted before the inheritance is divided. The debt must be deducted.
The questioner : Yes, okay. If the deceased left a bequest of less than one-third and the heirs did not execute the bequest, do they...
The Shaykh : How? How?
The questioner : If the deceased left a bequest of less than one-third and the heirs did not execute the bequest, do they fall into what is forbidden?
The Shaykh : Of course, they fall into disobedience of the command
after any bequest he [may have] made or debt
من بعد وصية يوصي بها أو دينThere is no bequest for an heir
لا وصية لوارثAnother questioner : Our master.The Shaykh : But I want to clarify the debt. The debt owed by the deceased, who is his son, helped him in building the house.
The Shaykh : Hmm, our man is back here.
The questioner : So, is this based on the fact that, well, we are in this situation, the matter is... we want to get out of it, so that you bear it, may your excellence...The Shaykh
Another questioner : Because the incident is fresh, Shaykh.
The questioner : I mean, the days are...
The Shaykh : The answer to this question has already been given, my dear, and I was not asleep at the time. When I mentioned two hadiths, I said:
And the best earnings are the earnings of a man from the work of his hands, and your children are from your earnings.
وأطيب الكسب كسب الرجل من عمل يده وإن أولادكم من كسبكمYou and your wealth belong to your father
أنت ومالك لأبيكThe questioner : Two questions regarding prisoners; we would like to have them answered in this session. The first one.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.