What is the ruling if two-thirds of the estate is not sufficient to pay the deceased's debts?
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Question:
What if the two-thirds are not sufficient to cover the debts he owed?
Answer:
And if, the one-third is executed, except for the one who says that a person is restricted (from disposing of his wealth) simply because his wealth does not cover his debts, and that the restriction is due to the scarcity of wealth itself, not by the restriction of the Imam. Otherwise, his one-third is sufficient; the one-third of his wealth that he has at the time of the vow is sufficient, and the rest is for his needs, his debts, and other things.
Q: What did the Shaykh al-Islam choose regarding the fact that if a person makes a waqf (endowment) while he has debts, this waqf is not executed?
A: This is based on the restriction; it is based on the idea that the restriction occurs due to insolvency itself, even if the judge has not restricted him. However, the apparent meaning of the Sunnah and the apparent meaning of the Sharia'ah evidence is that there is no restriction on him except after the judge has restricted him.
Q: What if he says: "I will pay off the debts I owe, and then I will look at the remaining wealth"?
A: This is the meaning of the author's words; the words of Imam Ahmad are to this effect. However, the apparent meaning of the Sunnah is contrary to that.
Q: But he said: "On the day of his vow, he should take out the amount of one-third of his wealth on the day of the vow"?
A: This is the statement of Ahmad, which is narrated from Ahmad after the payment of the debt.
Q: So the correct view, O Shaykh, is to take out the one-third first, and then pay off the debt?
A: The two-thirds are for his needs, his debt, and everything else.
Q: So what appears to you is that it is obligatory to take out the one-third from the entire wealth?
A: Yes, at the time of the vow, and then the rest is for his needs and his debts.
Q: So he does not prioritize paying off the debt, even if it consumes all his wealth?
A: He has not been restricted; he has not been restricted.
Q: Are the general principles of the Shari'ah regarding debts and the rights of people not given priority?
A: It does not appear to me that the Messenger of Allah (peace and blessings be upon him) inquired about it. He did not say: "Do you have a debt or do you not have a debt?" He said: "The one-third is sufficient for you," and he did not inquire. Leaving the inquiry in the presence of possibility takes the position of generality. He said to Ka'b: "Hold back some of your wealth, for it is better for you."
Q: But isn't it said that he knew Ka'b's situation?
A: No, the hadith of Abu Lubabah is more explicit than it; it is more explicit on this subject.
What if the two-thirds are not sufficient to cover the debts he owed?
Answer:
And if, the one-third is executed, except for the one who says that a person is restricted (from disposing of his wealth) simply because his wealth does not cover his debts, and that the restriction is due to the scarcity of wealth itself, not by the restriction of the Imam. Otherwise, his one-third is sufficient; the one-third of his wealth that he has at the time of the vow is sufficient, and the rest is for his needs, his debts, and other things.
Q: What did the Shaykh al-Islam choose regarding the fact that if a person makes a waqf (endowment) while he has debts, this waqf is not executed?
A: This is based on the restriction; it is based on the idea that the restriction occurs due to insolvency itself, even if the judge has not restricted him. However, the apparent meaning of the Sunnah and the apparent meaning of the Sharia'ah evidence is that there is no restriction on him except after the judge has restricted him.
Q: What if he says: "I will pay off the debts I owe, and then I will look at the remaining wealth"?
A: This is the meaning of the author's words; the words of Imam Ahmad are to this effect. However, the apparent meaning of the Sunnah is contrary to that.
Q: But he said: "On the day of his vow, he should take out the amount of one-third of his wealth on the day of the vow"?
A: This is the statement of Ahmad, which is narrated from Ahmad after the payment of the debt.
Q: So the correct view, O Shaykh, is to take out the one-third first, and then pay off the debt?
A: The two-thirds are for his needs, his debt, and everything else.
Q: So what appears to you is that it is obligatory to take out the one-third from the entire wealth?
A: Yes, at the time of the vow, and then the rest is for his needs and his debts.
Q: So he does not prioritize paying off the debt, even if it consumes all his wealth?
A: He has not been restricted; he has not been restricted.
Q: Are the general principles of the Shari'ah regarding debts and the rights of people not given priority?
A: It does not appear to me that the Messenger of Allah (peace and blessings be upon him) inquired about it. He did not say: "Do you have a debt or do you not have a debt?" He said: "The one-third is sufficient for you," and he did not inquire. Leaving the inquiry in the presence of possibility takes the position of generality. He said to Ka'b: "Hold back some of your wealth, for it is better for you."
Q: But isn't it said that he knew Ka'b's situation?
A: No, the hadith of Abu Lubabah is more explicit than it; it is more explicit on this subject.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.