Prioritizing the Debt over the Bequest
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The Shaykh : So, inheritance is preceded by two things: the bequest and the debt.
Now, the matter remaining is to look at the order between the bequest and the debt: which one is given priority?
The debt is given priority, based on evidence and reasoning.
As for the evidence, 'Ali ibn Abi Talib (may Allah be pleased with him) said:Musnad Ahmad 1222Da'if (Darussalam).
As for the reasoning, it is because the debt is obligatory, while the bequest is a voluntary act, meaning a gift. It is known that the obligatory is more important than the voluntary, so the debt is given priority over the bequest.
If someone asks: Why did Allah mention the bequest before the debt?
The answer to that is: The bequest is mentioned before the debt in terms of recitation, not in terms of ruling. Because "after" does not necessarily imply a sequence of action. Rather, its apparent meaning is: after a bequest, if there is a bequest, or a debt, if there is a debt. So the verse does not indicate that both occur together. Therefore, there is no sequence in the verse to suggest that this contradicts what we said about the bequest being mentioned first.
So, is there any benefit in mentioning it first, even if it is not in the ruling?
The scholars say there is a benefit in it.
First: The debt has claimants, unlike the bequest, for the beneficiary of the bequest may not know about the bequest and may not demand it.
Second: The debt is obligatory, and it is easier for the heirs to fulfill it. As for the bequest, it is a voluntary act, so the heirs might delay in executing it. For this reason, it is mentioned first in recitation, not in ruling.
[An-Nisa 4:11] We do not know which of them is more beneficial to us, and the same is true for the children; we do not know which of them is more beneficial, whether the eldest, the youngest, or the middle one. And with the parents and children together, we do not know which of them is more beneficial. This indicates the profound ignorance of man, if he does not know whether his father or his son is more beneficial to him, or among his children or his parents. That indicates his deep ignorance. You do not know who is closest to you in benefit.
[An-Nisa 4:11] This means that Allah has made this an obligation that must be delivered to its rightful people. From this ruling, we take that learning the science of inheritance shares is an obligation, a collective obligation. And what is the aspect?
Because what is necessary for the completion of an obligatory act is itself obligatory. So if Allah has obligated us to divide the wealth as He said, then it is obligatory for us to learn how to divide it.
Then He said:[An-Nisa 4:11] All-Knowing, knowing which of our parents or children is closer, and knowing what is appropriate in rulings, Wise, placing things in their proper places.
And He concluded this noble verse with knowledge and wisdom, which is the most appropriate thing, because the context requires knowledge of entitlement and wisdom in placing the right in its proper place. For this reason, He said:[An-Nisa 4:11].
This verse is considered the chapter on the inheritance of ancestors and descendants.
The questioner : What is the wisdom...?
The Shaykh :[An-Nisa 4:11] .
The questioner : The wisdom?
The Shaykh : This is it; we do not know. This is how Allah commanded.
Now, the matter remaining is to look at the order between the bequest and the debt: which one is given priority?
The debt is given priority, based on evidence and reasoning.
As for the evidence, 'Ali ibn Abi Talib (may Allah be pleased with him) said:
The Messenger of Allah (ﷺ) ruled that debts must be paid before carrying out bequests
إن النبي صلى الله عليه وسلم قضى بالدين قبل الوصيةAs for the reasoning, it is because the debt is obligatory, while the bequest is a voluntary act, meaning a gift. It is known that the obligatory is more important than the voluntary, so the debt is given priority over the bequest.
If someone asks: Why did Allah mention the bequest before the debt?
The answer to that is: The bequest is mentioned before the debt in terms of recitation, not in terms of ruling. Because "after" does not necessarily imply a sequence of action. Rather, its apparent meaning is: after a bequest, if there is a bequest, or a debt, if there is a debt. So the verse does not indicate that both occur together. Therefore, there is no sequence in the verse to suggest that this contradicts what we said about the bequest being mentioned first.
So, is there any benefit in mentioning it first, even if it is not in the ruling?
The scholars say there is a benefit in it.
First: The debt has claimants, unlike the bequest, for the beneficiary of the bequest may not know about the bequest and may not demand it.
Second: The debt is obligatory, and it is easier for the heirs to fulfill it. As for the bequest, it is a voluntary act, so the heirs might delay in executing it. For this reason, it is mentioned first in recitation, not in ruling.
Your parents or your children - you know not which of them are nearest to you in benefit
آباؤكم وأبناؤكم لا تدرون أيهم أقرب لكم نفعا[These shares are] an obligation [imposed] by Allah
فريضة من اللهBecause what is necessary for the completion of an obligatory act is itself obligatory. So if Allah has obligated us to divide the wealth as He said, then it is obligatory for us to learn how to divide it.
Then He said:
Indeed, Allah is ever Knowing and Wise.
إن الله كان عليما حكيماAnd He concluded this noble verse with knowledge and wisdom, which is the most appropriate thing, because the context requires knowledge of entitlement and wisdom in placing the right in its proper place. For this reason, He said:
Indeed, Allah is ever Knowing and Wise.
إن الله كان عليما حكيماThis verse is considered the chapter on the inheritance of ancestors and descendants.
The questioner : What is the wisdom...?
The Shaykh :
Your parents or your children - you know not which of them are nearest to you in benefit
آباؤكم وأبناؤكم لا تدرون أيهم أقرب لكم نفعاThe questioner : The wisdom?
The Shaykh : This is it; we do not know. This is how Allah commanded.