Ruling on paying off the debt of a deceased person
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Question:
The questioner, Abu Abdullah, says: The hadith:Jami` at-Tirmidhi 1078Hasan (Darussalam) If a Muslim dies and he has a debt, do the sons pay it off for him? And if he left no estate, what should be done? May you be rewarded.
Answer:
It is obligatory that the sons, or other than the sons, meaning the heirs, pay it off for him if he left an estate. It is obligatory for them to pay this debt from the estate, and it is not permissible for them to be lax in this. As for if he left no estate and did not leave anything, then nothing is required of them. However, if they pay it off for him as a voluntary gift, they will be rewarded; otherwise, nothing is required of them if he left no estate. But if he left an estate, paying it off is necessary. If it is real estate, the real estate is sold and the debt is paid. If it is money, they pay the debt from the money. It is not permissible for them to be lax in this; rather, it is obligatory for them to hasten to do so. Yes.
The presenter: May Allah reward you, O Shaykh.
The questioner, Abu Abdullah, says: The hadith:
The believer's soul is suspended by his debt until it is settled for him.
نفس المؤمن معلقة بدينه حتى يقضى عنهAnswer:
It is obligatory that the sons, or other than the sons, meaning the heirs, pay it off for him if he left an estate. It is obligatory for them to pay this debt from the estate, and it is not permissible for them to be lax in this. As for if he left no estate and did not leave anything, then nothing is required of them. However, if they pay it off for him as a voluntary gift, they will be rewarded; otherwise, nothing is required of them if he left no estate. But if he left an estate, paying it off is necessary. If it is real estate, the real estate is sold and the debt is paid. If it is money, they pay the debt from the money. It is not permissible for them to be lax in this; rather, it is obligatory for them to hasten to do so. Yes.
The presenter: May Allah reward you, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.