My brother has passed away and he has a debt, and given the circumstances of life, we are unable to pay off his debts. And as we know, the deceased does not enter Paradise until his debt is paid, and the owner of the amount is demanding it.
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The questioner : My brother has passed away and he has a debt, and given the circumstances of life, we are unable to pay off this debt. And we also know that the deceased does not enter Paradise until his debt is paid. For your information, the owner of the amount is demanding it. So we ask you, may you be rewarded, to issue a ruling on this?
The Shaykh : As for the statementThe questioner : We know that the one who has a debt does not enter Paradise until his debt is paid off. This is not correct and has no basis. However, there is a hadith from the Messenger (peace and blessings be upon him):Jami` at-Tirmidhi 1078Hasan (Darussalam) But there is a discussion regarding this hadith, as some scholars have weakened it and said: Here is the Prophet (peace and blessings be upon him and his family) who passed away while his armor was pledged as collateral for a debt he had (peace and blessings be upon him).
However, it is obligatory for the heirs, if their deceased relative died with a debt and he left an estate from which the debt can be paid, that they hasten to pay off his debt from his estate. This is because they have no right to the estate until after the debt and the bequest, as stated in the verses of inheritance:[An-Nisa 4:11] [An-Nisa 4:12] [An-Nisa 4:12] [An-Nisa 4:11] So the heirs have no right to the inherited wealth until after the debt is paid.
As for if he did not leave an estate, if they pay it off on his behalf, they are doing good and are rewarded for it. And if they do not pay it off on his behalf, there is no sin on them.
As for the deceased for whom we did not find an estate from which to pay, if he had taken the money of people intending to pay it back, then Allah will pay it off on his behalf on the Day of Resurrection and satisfy the creditors. But if he had taken it intending to destroy it, then Allah will destroy him, as stated in the authentic hadith from the Prophet (peace and blessings be upon him and his family) that he said:Bulugh al-Maram 7:94.
And on this occasion, I warn my Muslim brothers against being negligent with debts, both in taking and in paying. For some people do not care to borrow for matters they do not need, which are merely matters of luxury that do not call for necessity. And some people borrow for necessary matters and have the means to pay, but they do not pay; they delay, saying to the owner of the right: tomorrow, the day after tomorrow. Every time he comes, they say: tomorrow, the day after tomorrow. They sin by doing so, due to the saying of the Prophet (peace and blessings be upon him and his family):. Yes.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.
The Shaykh : As for the statementThe questioner : We know that the one who has a debt does not enter Paradise until his debt is paid off. This is not correct and has no basis. However, there is a hadith from the Messenger (peace and blessings be upon him):
The believer's soul is suspended by his debt until it is settled for him.
أن نفس المؤمن معلّقة بدينه حتى يُقضى عنهHowever, it is obligatory for the heirs, if their deceased relative died with a debt and he left an estate from which the debt can be paid, that they hasten to pay off his debt from his estate. This is because they have no right to the estate until after the debt and the bequest, as stated in the verses of inheritance:
after any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصى بِهَا أو دينafter any bequest you [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍafter any bequest they [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍafter any bequest he [may have] made or debt
مِنْ بَعْدِ وَصِيَّةٍ يُوصي بِهَا أَوْ دَيْنٍAs for if he did not leave an estate, if they pay it off on his behalf, they are doing good and are rewarded for it. And if they do not pay it off on his behalf, there is no sin on them.
As for the deceased for whom we did not find an estate from which to pay, if he had taken the money of people intending to pay it back, then Allah will pay it off on his behalf on the Day of Resurrection and satisfy the creditors. But if he had taken it intending to destroy it, then Allah will destroy him, as stated in the authentic hadith from the Prophet (peace and blessings be upon him and his family) that he 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 اللهAnd on this occasion, I warn my Muslim brothers against being negligent with debts, both in taking and in paying. For some people do not care to borrow for matters they do not need, which are merely matters of luxury that do not call for necessity. And some people borrow for necessary matters and have the means to pay, but they do not pay; they delay, saying to the owner of the right: tomorrow, the day after tomorrow. Every time he comes, they say: tomorrow, the day after tomorrow. They sin by doing so, due to the saying of the Prophet (peace and blessings be upon him and his family):
Delaying the payment of a wealthy person is injustice.
مطل الغني ظلمThe questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit the Muslims through you.