Inheritance does not occur until the debt is paid
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Question: A man died and he had a debt, and he had nothing but a house and a farm. He has poor children who live in this house and eat from the farm. Is it obligatory for them to sell the house and the farm to pay off what is owed to their father, given that they are poor? And is there a difference between a debt owed to individuals and a debt owed to the government?
The obligatory: The debt of the deceased must be paid from his estate, whether this debt is owed to the government or to other people; for what came in the hadith:Jami` at-Tirmidhi 1078Hasan (Darussalam).
It is not permissible for his children or any other of the heirs to exploit the property of the deceased and leave the payment of the debt that is upon him; because inheritance does not occur until the debt is paid. For when Allah (Glorified and Exalted is He) mentioned inheritances, He said: [al-Nisa: 12]. And the Prophet (peace and blessings be upon him) ruled that the debt is paid before the bequest. So the first thing to be done is: paying the debt, then executing the lawful bequest, then the inheritance.
The obligatory: The debt of the deceased must be paid from his estate, whether this debt is owed to the government or to other people; for what came in the hadith:
The believer's soul is suspended by his debt until it is settled for him.
نفس المؤمن معلقة بدينه حتى يقضى عنهIt is not permissible for his children or any other of the heirs to exploit the property of the deceased and leave the payment of the debt that is upon him; because inheritance does not occur until the debt is paid. For when Allah (Glorified and Exalted is He) mentioned inheritances, He said:
after any bequest he [may have] made or debt
مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَآ أَوْ دَيْنٍ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
