My father passed away thirty years ago, and he had many rights owed to people, and he did not settle his debts for the following reasons, one of which was that he was insolvent.
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The questioner : My father passed away thirty years ago, and he had many rights owed to people, as he died without settling this debt that was upon him, and that was for the following reasons:
First: he was insolvent and had nothing.
Second: the owners of these debts were not known, and I am now confused regarding my father; what should I do to settle what is upon him? I also do not know these people who are the creditors. Is it sufficient for me to give charity from my wealth with my intention, or on behalf of the creditors, or what should I do? Please advise us, may Allah reward you with good.
The Shaykh : If your father, when he passed away while insolvent, had taken people's money intending to pay it, then Allah the Exalted will pay it off on his behalf on the Day of Resurrection.
And there is no doubt that the father (may Allah have mercy on him) was negligent in not recording these debts that were upon him. Indeed, it is befitting for a decisive, believing man who has something in which he wants to make a bequest not to spend two nights without his will being written down, as this is authentic from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Umar (may Allah be pleased with them both). The Prophet (peace and blessings be upon him and his family) said:Sunan Abi Dawud 2862Sahih (Al-Albani) So the father (may Allah have mercy on him) was negligent in not writing down what was upon him.
This is if he did not write it down, although it is possible that he did write down what was upon him, but the paper was lost, for example. In any case, the father has gone to the mercy of Allah, and as long as he did not leave behind any wealth, it is not obligatory for you to settle what was upon him, because settling it is only obligatory from his estate. As for you, you are doing so as a voluntary act. If it is easy for you to identify the creditors and pay them, that is better for you and for your father. If not, there is no blame on you for not doing so. Increase in supplication, seeking forgiveness, and sending blessings upon the father. We ask Allah to forgive us, him, you, and all the Muslims.
The questioner : May Allah reward you with good, O Shaykh Muhammad.
First: he was insolvent and had nothing.
Second: the owners of these debts were not known, and I am now confused regarding my father; what should I do to settle what is upon him? I also do not know these people who are the creditors. Is it sufficient for me to give charity from my wealth with my intention, or on behalf of the creditors, or what should I do? Please advise us, may Allah reward you with good.
The Shaykh : If your father, when he passed away while insolvent, had taken people's money intending to pay it, then Allah the Exalted will pay it off on his behalf on the Day of Resurrection.
And there is no doubt that the father (may Allah have mercy on him) was negligent in not recording these debts that were upon him. Indeed, it is befitting for a decisive, believing man who has something in which he wants to make a bequest not to spend two nights without his will being written down, as this is authentic from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Umar (may Allah be pleased with them both). The Prophet (peace and blessings be upon him and his family) said:
It is the duty of a Muslim man who has something which is to be given as bequest not to have it for two nights without having his will written regarding it.
ما حق امرئ مسلم له شيء يوصي فيه يبيت ليلتين إلا ووصيته مكتوبة عندهThis is if he did not write it down, although it is possible that he did write down what was upon him, but the paper was lost, for example. In any case, the father has gone to the mercy of Allah, and as long as he did not leave behind any wealth, it is not obligatory for you to settle what was upon him, because settling it is only obligatory from his estate. As for you, you are doing so as a voluntary act. If it is easy for you to identify the creditors and pay them, that is better for you and for your father. If not, there is no blame on you for not doing so. Increase in supplication, seeking forgiveness, and sending blessings upon the father. We ask Allah to forgive us, him, you, and all the Muslims.
The questioner : May Allah reward you with good, O Shaykh Muhammad.