The Ruling on Writing a Will
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Question:
Following this, a message was received by the program from listener (M) from Riyadh. He says: If a person dies and did not write his will due to ignorance or for some other reason, and when this person passed away, one of the people came and said: I have a specific amount in the debt of the deceased. So we repaid that amount, but after a delay due to financial tightness. Will the deceased be punished until his debt is paid, given our situation as we have described? May Allah reward you with good.
Answer:
A will for the deceased is recommended in what benefits him. If he has a lot of wealth, it is recommended that he bequeath one-third, or one-quarter, or one-fifth in the causes of righteousness and good deeds, and it is not obligatory upon him. But if he wishes to do so, he should hasten to write it, due to the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2862Sahih (Al-Albani), which was narrated by the two Shaykhs from the hadith of Ibn 'Umar.
So if he wishes to make a will, the Sunnah is that he should hasten and write the will he wishes to make regarding his one-third, his one-quarter, or his one-fifth, in a specific house, in specific palm trees, or in specific land. This is what is prescribed for him, and it is best that he hasten.
As for if he has debts or if he has trusts (amanah) for people, then the will is obligatory. He must make a will and clarify it to those who come after him, stating that so-and-so has such-and-such, and so-and-so has such-and-such, and that he has a trust for so-and-so, so that the heirs do not deny it, and so that it reaches its rightful owners.
The point is that if he has rights belonging to people, he must make a will regarding the debts and trusts and the like, so that his conscience is cleared of the rights of people. Yes.
The presenter: May Allah bless you. They say: We delayed in paying off that debt due to financial tightness. So will ...?
The Shaykh: [Al-Taghabun:16]. If they delay it due to inability, for example, if they do not have what he left as an estate, and they wish to pay it off on his behalf, then they have a reward and nothing is upon them.
But if he has an estate, it is obligatory to hasten to sell it and pay the debt from it so that the debt is not delayed; due to the saying of the Prophet (peace and blessings be upon him):Jami` at-Tirmidhi 1078Hasan (Darussalam). So they must hasten to sell the real estate to pay the debt, or sell the livestock and animals or other items. It is obligatory for the heirs to hasten to sell part of the estate so that the debt is paid on behalf of the deceased. And the judge has the right to compel them to do so. If they resort to the court, the judge compels them to do so. Yes.
The presenter : May Allah bless you.
Following this, a message was received by the program from listener (M) from Riyadh. He says: If a person dies and did not write his will due to ignorance or for some other reason, and when this person passed away, one of the people came and said: I have a specific amount in the debt of the deceased. So we repaid that amount, but after a delay due to financial tightness. Will the deceased be punished until his debt is paid, given our situation as we have described? May Allah reward you with good.
Answer:
A will for the deceased is recommended in what benefits him. If he has a lot of wealth, it is recommended that he bequeath one-third, or one-quarter, or one-fifth in the causes of righteousness and good deeds, and it is not obligatory upon him. But if he wishes to do so, he should hasten to write it, due to the saying of the Prophet (peace and blessings be upon him):
It is the duty of a Muslim man who has something which is to be given as bequest not to have it for two nights without having his will written regarding it.
ما حق امرئ مسلم له شيء يوصي فيه يبيت ليلتين إلا ووصيته مكتوبة عندهSo if he wishes to make a will, the Sunnah is that he should hasten and write the will he wishes to make regarding his one-third, his one-quarter, or his one-fifth, in a specific house, in specific palm trees, or in specific land. This is what is prescribed for him, and it is best that he hasten.
As for if he has debts or if he has trusts (amanah) for people, then the will is obligatory. He must make a will and clarify it to those who come after him, stating that so-and-so has such-and-such, and so-and-so has such-and-such, and that he has a trust for so-and-so, so that the heirs do not deny it, and so that it reaches its rightful owners.
The point is that if he has rights belonging to people, he must make a will regarding the debts and trusts and the like, so that his conscience is cleared of the rights of people. Yes.
The presenter: May Allah bless you. They say: We delayed in paying off that debt due to financial tightness. So will ...?
The Shaykh:
So fear Allah as much as you are able
فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْBut if he has an estate, it is obligatory to hasten to sell it and pay the debt from it so that the debt is not delayed; due to the saying of the Prophet (peace and blessings be upon him):
The believer's soul is suspended by his debt until it is settled for him.
نفس المؤمن معلقة بدينه حتى يقضى عنهThe presenter : May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.