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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on praying over one who dies with a debt or who was unjust in his bequest

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Question:
Our brother asks and says: Is it permissible to pray over one who dies with a debt? And is it permissible to pray over one who dies and writes in his bequest that he will give some of his children more money than others, meaning from the estate? Please inform us, may Allah reward you with good.

Answer:
Yes, one prays over one who dies with a debt. The Messenger of Allah (peace and blessings be upon him) initially did not pray over one who had a debt until someone guaranteed it, then he (peace and blessings be upon him) left that, and he would pray over debtors absolutely. Likewise, one who dies and was unjust in his bequest or committed a sin, this does not prevent praying over him as long as he is a Muslim; he is prayed over, and his bequest that contradicts the Shari'ah is not executed. This is for the judges; they do not execute it except with the consent of the remaining children. If they agree to give one of them more than the others, there is no harm; this is up to them. However, this does not prevent the prayer. But it is not permissible for a believer to bequeath or give one of his children more; due to the saying of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
So if he did so, meaning he gave some of them more or bequeathed to some of them more, this is up to them. If they permit it, there is no harm; otherwise, they refer the matter to the ruler, and the ruler annuls the bequest and prevents the extra gift, acting in accordance with the saying of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
.

The presenter: May Allah reward you with good. So, are those who commit sins similar to what our brother mentioned prayed over?

The Shaykh: Yes, they are prayed over. The prayer is only prevented for the disbeliever. As for the sinner, he is prayed over, even if he is a sinner, and even if it is known that he is a sinner, he is prayed over. Yes.

The presenter: As long as he testifies that there is no god but Allah.

The Shaykh: As long as he is a Muslim whose Islam is established, he is prayed over, until the known ruler rules that he is an apostate, or it is known that he is an apostate by cursing Allah, or cursing the religion of Allah, or abandoning the prayer, or other things that necessitate apostasy. Yes, we ask Allah for safety.

The presenter: May Allah bless you. So, the prayer over the deceased is not left except if he is not a Muslim or if he is an apostate?

The Shaykh: Yes.. Yes.

The presenter: May Allah reward you, and may Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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