I borrowed a sum of money from a person, and he passed away before I could repay him. He has both adult and minor children. What should I do in this case?
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The questioner : I borrowed a sum of money from a person, and death overtook him before I could repay him. He has minor and adult children. What should I do in this case? May you be rewarded.
The Shaykh : If a person dies and has loans outstanding from people, these loans transfer to the heirs, whether few or many. So the man who lent you money and then died: the money in your possession belongs to his heirs. You must inform them of it and then hand it over to all of them, unless they have a specific agent whose agency has been established according to the Shari'ah. In that case, you may give it to him alone, and he will distribute it among the heirs.
This question leads us to another matter: some people—may Allah guide us and them—neglect debts and neglect repaying debts.
As for neglecting debts, some people borrow for luxury items they do not need. In fact, some may borrow for forbidden matters, which places them among the extravagant. Allah the Exalted does not love the extravagant. This is an error, foolishness in intellect, and misguidance in religion. The Prophet (peace and blessings be upon him) guided a man who asked him to help him marry, but the man had no mahr (bridal gift). The Prophet said:Sunan an-Nasa'i 3359Sahih (Darussalam) The man said: I find nothing. The Prophet did not say to him: Borrow from people. Rather, he said to him: The man said: Yes. The Prophet said: Sunan Abi Dawud 2111Sahih (Al-Albani) This is despite the fact that marriage is a necessary matter and a prescribed matter. It is necessary in terms of fitrah (innate disposition) and prescribed in terms of the Sunnah. Yet the Prophet (peace and blessings be upon him) did not guide him to borrow.
Some people take debts lightly in terms of repayment. You find them capable of paying but they delay. They say to the creditor: Come to me tomorrow. When he comes, they say: Come to me tomorrow. When he comes, they say: Come to me tomorrow, until the creditor gets tired. Sometimes the creditor may abandon his right because of the repeated visits to the debtor. Sometimes it may not be feasible for him to take the matter to the courts, either because the amount is small, or because of kinship between him and the debtor, fearing that the relationship will be cut off if he takes him to the judge, or because the judge does not rule except by desire, and his right is lost.
Furthermore, the one who neglects repaying a debt, if he dies, his soul remains suspended by the debt until it is paid off on his behalf. In our time, hastening to pay off the debt of the deceased is very rare. Most heirs, may Allah protect us, when their relative who left them money dies—and the money was his—if he dies with a debt, the heirs delay in paying the debt and rely on one another, each leaving the matter to the other. They enjoy the money, while its owner is wretched in his grave because of it. This is forbidden for them.
For this reason, the scholars (may Allah have mercy on them) said: It is obligatory for the heirs to hasten to pay off the debt. Some of them even said: It should be paid off before the funeral prayer is performed. Because the Prophet (peace and blessings be upon him), before Allah opened up wealth for him, when a funeral was brought to him and the deceased had a debt with no means of repayment, he would delay praying over him. One day a man was brought to him, and when he had taken a few steps, he said: They said: Yes, O Messenger of Allah, two dinars. So he delayed and said: Abu Qatadah said: O Messenger of Allah, the two dinars are on me. The Prophet said: Bulugh al-Maram 7:120 Abu Qatadah said: Yes, O Messenger of Allah. So he stepped forward and prayed over him. This indicates the importance of debt.
So my advice to my brothers, first, is that they do not neglect debts from the start, and that they pay and be fair. They should not try to be like the rich in their food, drink, clothing, residences, and vehicles, so that the difference between the rich and the poor is apparent. They should restrict themselves to what necessity requires in what they borrow from people.
And I say: What necessity requires, not what need requires. Because a person either borrows for a need, for a necessity, or for extravagance. Let him avoid borrowing for extravagance and for need, and let him not borrow except for necessity. The borrowing referred to here is not the debt known among people, which is playing with the rulings of Allah the Mighty and Majestic in what they call debt, but rather the lawful debt that the Sunnah indicated is permissible. So let him not borrow unless necessity calls for it. Otherwise, let him be chaste and restrict himself to the minimum that satisfies his necessity. And if Allah the Mighty and Majestic enriches him, let him do what is befitting his status.
For it is also an extreme to be like the poor in his food, drink, clothing, residence, and vehicle if one is rich. And it is also an extreme for the poor to be like the rich, trying to catch up with the rich. Both are prohibited. For Allah the Exalted loves, when He bestows a blessing on His servant, that the effect of His blessing be seen on him. May Allah guide everyone to what is good.
The questioner : O Allah, amen. May Allah bless you.
The Shaykh : If a person dies and has loans outstanding from people, these loans transfer to the heirs, whether few or many. So the man who lent you money and then died: the money in your possession belongs to his heirs. You must inform them of it and then hand it over to all of them, unless they have a specific agent whose agency has been established according to the Shari'ah. In that case, you may give it to him alone, and he will distribute it among the heirs.
This question leads us to another matter: some people—may Allah guide us and them—neglect debts and neglect repaying debts.
As for neglecting debts, some people borrow for luxury items they do not need. In fact, some may borrow for forbidden matters, which places them among the extravagant. Allah the Exalted does not love the extravagant. This is an error, foolishness in intellect, and misguidance in religion. The Prophet (peace and blessings be upon him) guided a man who asked him to help him marry, but the man had no mahr (bridal gift). The Prophet said:
Look (for something), even if it is only an iron ring
التمس ولو خاتماً من حديدDo you have anything of the Qur'an?
هل معك شيء من القرآن ؟I have given you her in marriage for the part of the Qur'an which you know.
زوجتك بما معك من القرآنSome people take debts lightly in terms of repayment. You find them capable of paying but they delay. They say to the creditor: Come to me tomorrow. When he comes, they say: Come to me tomorrow. When he comes, they say: Come to me tomorrow, until the creditor gets tired. Sometimes the creditor may abandon his right because of the repeated visits to the debtor. Sometimes it may not be feasible for him to take the matter to the courts, either because the amount is small, or because of kinship between him and the debtor, fearing that the relationship will be cut off if he takes him to the judge, or because the judge does not rule except by desire, and his right is lost.
Furthermore, the one who neglects repaying a debt, if he dies, his soul remains suspended by the debt until it is paid off on his behalf. In our time, hastening to pay off the debt of the deceased is very rare. Most heirs, may Allah protect us, when their relative who left them money dies—and the money was his—if he dies with a debt, the heirs delay in paying the debt and rely on one another, each leaving the matter to the other. They enjoy the money, while its owner is wretched in his grave because of it. This is forbidden for them.
For this reason, the scholars (may Allah have mercy on them) said: It is obligatory for the heirs to hasten to pay off the debt. Some of them even said: It should be paid off before the funeral prayer is performed. Because the Prophet (peace and blessings be upon him), before Allah opened up wealth for him, when a funeral was brought to him and the deceased had a debt with no means of repayment, he would delay praying over him. One day a man was brought to him, and when he had taken a few steps, he said:
Does he have any debt
هل عليه دينPray over your companion
صلوا على صاحبكم[Will you be responsible for paying them as] a right to the creditor; and the dead man will then be free from them?
حق الغريم وبرئ منه الميتSo my advice to my brothers, first, is that they do not neglect debts from the start, and that they pay and be fair. They should not try to be like the rich in their food, drink, clothing, residences, and vehicles, so that the difference between the rich and the poor is apparent. They should restrict themselves to what necessity requires in what they borrow from people.
And I say: What necessity requires, not what need requires. Because a person either borrows for a need, for a necessity, or for extravagance. Let him avoid borrowing for extravagance and for need, and let him not borrow except for necessity. The borrowing referred to here is not the debt known among people, which is playing with the rulings of Allah the Mighty and Majestic in what they call debt, but rather the lawful debt that the Sunnah indicated is permissible. So let him not borrow unless necessity calls for it. Otherwise, let him be chaste and restrict himself to the minimum that satisfies his necessity. And if Allah the Mighty and Majestic enriches him, let him do what is befitting his status.
For it is also an extreme to be like the poor in his food, drink, clothing, residence, and vehicle if one is rich. And it is also an extreme for the poor to be like the rich, trying to catch up with the rich. Both are prohibited. For Allah the Exalted loves, when He bestows a blessing on His servant, that the effect of His blessing be seen on him. May Allah guide everyone to what is good.
The questioner : O Allah, amen. May Allah bless you.