Is it permissible to request the cancellation of a deceased person's debt owed to the government from the rulers?
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The questioner : May Allah preserve you, O Shaykh: Seeking to settle a father's debt with the rulers, and this debt is owed to the state. Is there any issue with this regarding the person's religion, in terms of going to the rulers and asking them to settle the debt?
The Shaykh : I mean, his father is asking the government.
The questioner : His father has passed away.
The Shaykh : Okay, he has passed away and he has a debt with the government.
The questioner : And the government has a debt with him.
The Shaykh : I mean, the government has a debt owed by him?
The questioner : Yes, so what is the ruling on going to the rulers to settle the debt or to ask them for forgiveness of it?
The Shaykh : I mean, to ask for the cancellation of the debt?
The questioner : Yes.
The Shaykh : There is no harm in this if the father did not leave behind an estate.
The questioner : Is this considered, O Shaykh, as...?
The Shaykh : I say that if the father did not leave behind an estate, there is no harm in asking the holder of the right, whether it is the government or otherwise, to cancel the debt. However, if he left behind an estate, then this questioner is actually asking for himself, because the debt must be paid from the estate. So if he goes to the creditor and says, "Cancel it for my father," especially if he appears as though he has no estate, then he is actually asking for himself, and this is not permissible. However, going to the authorities is not a problem, because going to the authorities, if it does not lead to a diminishment of the servant's religion, is not a problem. Yes.
The Shaykh : I mean, his father is asking the government.
The questioner : His father has passed away.
The Shaykh : Okay, he has passed away and he has a debt with the government.
The questioner : And the government has a debt with him.
The Shaykh : I mean, the government has a debt owed by him?
The questioner : Yes, so what is the ruling on going to the rulers to settle the debt or to ask them for forgiveness of it?
The Shaykh : I mean, to ask for the cancellation of the debt?
The questioner : Yes.
The Shaykh : There is no harm in this if the father did not leave behind an estate.
The questioner : Is this considered, O Shaykh, as...?
The Shaykh : I say that if the father did not leave behind an estate, there is no harm in asking the holder of the right, whether it is the government or otherwise, to cancel the debt. However, if he left behind an estate, then this questioner is actually asking for himself, because the debt must be paid from the estate. So if he goes to the creditor and says, "Cancel it for my father," especially if he appears as though he has no estate, then he is actually asking for himself, and this is not permissible. However, going to the authorities is not a problem, because going to the authorities, if it does not lead to a diminishment of the servant's religion, is not a problem. Yes.
