A woman asks: My grandfather has passed away, and he had large debts. He had several wives, and they had sons and daughters. His sons are unable to pay off what he owed. So is it
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The questioner : My grandfather has been dead for ten years, and he had a debt that amounted to a large sum. He had several wives, and they had sons and daughters, but he did not pay off his debt until he died. Please note that his sons do not have the ability to pay the debt, not because they are young, but because of their financial inability. So what is the fate of this grandfather according to the Shari'ah? Does he bear a sin? Do the sons bear a sin? And is it true that he will not be held accountable for his deeds until he pays off what he owed? What should be done? May Allah reward you with good.
The Shaykh : If this deceased person has wealth from which the debt can be recovered, it is obligatory for the heirs to hasten to pay off his debt. If he has no wealth, then nothing is required of the heirs, based on the saying of Allah the Exalted:[Al-An'am 6:164].
As for the deceased, if he took people's wealth intending to repay it, Allah will repay it on his behalf. If he took it intending to destroy it, Allah will destroy him. So it is according to his intention. If a man took people's wealth with the intention of repaying it, but circumstances prevented him and he was unable to do so, then Allah the Mighty and Majestic will pay off his debt and satisfy his creditors. He will not incur any sin or blame in that.
If he had a bad intention and took people's wealth to play with it and did not intend to repay it, then Allah the Exalted will destroy him and punish him for that.
The Shaykh : If this deceased person has wealth from which the debt can be recovered, it is obligatory for the heirs to hasten to pay off his debt. If he has no wealth, then nothing is required of the heirs, based on the saying of Allah the Exalted:
and no bearer of burdens will bear the burden of another
وَلا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىAs for the deceased, if he took people's wealth intending to repay it, Allah will repay it on his behalf. If he took it intending to destroy it, Allah will destroy him. So it is according to his intention. If a man took people's wealth with the intention of repaying it, but circumstances prevented him and he was unable to do so, then Allah the Mighty and Majestic will pay off his debt and satisfy his creditors. He will not incur any sin or blame in that.
If he had a bad intention and took people's wealth to play with it and did not intend to repay it, then Allah the Exalted will destroy him and punish him for that.