What is the stronger opinion regarding paying off the debts of the deceased from zakah?
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The Shaykh : Yes
The questioner : I say, may Allah preserve you, regarding paying off the debts of the deceased from zakah, what is the stronger opinion in this issue?
The Shaykh : The stronger opinion is that it is not permissible to pay off the debts of the deceased from zakah; it is not permissible. Ibn 'Abd al-Barr and Abu 'Ubayd reported the consensus of the scholars that they agreed it is not permissible. However, there is a point of consideration regarding the transmission of this consensus because there is disagreement in it, although this disagreement is weak. The evidence for its impermissibility is: Even though he had zakatable wealth in most cases, and when Allah opened up for him and bestowed upon him the wealth of the polytheists, and his wealth increased, whenever a deceased person was brought to him with a debt, he would pay off his debt, saying, "The debt is upon me and for me." So the correct view is that it is not permissible.
Furthermore, there is harm to the living, because people's compassion for the dead is stronger than their compassion for the living. If we were to open this door, a person would review the accounts of his grandparents, before his father and mother, to see if they had any debts, and then go and pay them off. Likewise, fathers and mothers, or brothers who died recently and had debts, he would review the accounts and pay them off, while the living who have this debt upon them would be left with their debts unpaid. So the opinion that it is permissible contradicts the apparent texts in one aspect, and contradicts the interest of the living in another aspect. As for these deceased, if they took the wealth of people intending to pay it back, then Allah will pay it off for them, as is established from the Prophet (peace and blessings be upon him). Yes.
The questioner : May Allah forgive you.
The Shaykh : Also, there is a third concern. If the heirs know that the debt of their deceased relative will be paid, and he was not known for being wealthy, they might conceal the estate and say that he left nothing, in order for the debt to be paid and the estate to remain for them. So there are concerns; if a person reflects on them, he will find them to be more than this. Yes.
The questioner : I say, may Allah preserve you, regarding paying off the debts of the deceased from zakah, what is the stronger opinion in this issue?
The Shaykh : The stronger opinion is that it is not permissible to pay off the debts of the deceased from zakah; it is not permissible. Ibn 'Abd al-Barr and Abu 'Ubayd reported the consensus of the scholars that they agreed it is not permissible. However, there is a point of consideration regarding the transmission of this consensus because there is disagreement in it, although this disagreement is weak. The evidence for its impermissibility is:
That the Prophet (peace and blessings be upon him and his family) was brought a man to pray over, and he had a debt, so he did not pray over him.
أن النبي صلى الله عليه وعلى آله وسلم كان يؤتى بالرجل يصلي عليه وعليه الدين فلا يصلي عليهFurthermore, there is harm to the living, because people's compassion for the dead is stronger than their compassion for the living. If we were to open this door, a person would review the accounts of his grandparents, before his father and mother, to see if they had any debts, and then go and pay them off. Likewise, fathers and mothers, or brothers who died recently and had debts, he would review the accounts and pay them off, while the living who have this debt upon them would be left with their debts unpaid. So the opinion that it is permissible contradicts the apparent texts in one aspect, and contradicts the interest of the living in another aspect. As for these deceased, if they took the wealth of people intending to pay it back, then Allah will pay it off for them, as is established from the Prophet (peace and blessings be upon him). Yes.
The questioner : May Allah forgive you.
The Shaykh : Also, there is a third concern. If the heirs know that the debt of their deceased relative will be paid, and he was not known for being wealthy, they might conceal the estate and say that he left nothing, in order for the debt to be paid and the estate to remain for them. So there are concerns; if a person reflects on them, he will find them to be more than this. Yes.