Fatawa Related to Paying off the Debt of the Deceased

Is it permissible to pay off the debt of the deceased from Zakaat money?

Answer:

Shaikh Sa’d ibn Turki Al-Khathlan (Hafidhahullaah) answered, saying: “The scholars differed regarding this issue. Most of them are of the opinion that it is not permissible to pay off the debt of the deceased from Zakaat money. This is in accordance with the statement of Abu Ubaid and Ibn ‘Abdul-Barr.

However, there is a difference of opinion, and some scholars said it is permissible. But the majority of the scholars are of the opinion that it is not permissible to pay off the debt of the deceased from the Zakaat money. This is because the Prophet (Salla-Allaahu ‘alayhi wa sallam) never paid off the debt of those who were indebted from among the Sahaabah.

Whenever the Prophet (Salla-Allaahu ‘alayhi wa sallam) was requested to lead the funeral prayer for a deceased person, he (Salla-Allaahu ‘alayhi wa sallam) used to ask: “Is he in debt?” If they said, “No,” then he (Salla-Allaahu ‘alayhi wa sallam) would offer the funeral prayer for him. If they said, “Yes,” then he (Salla-Allaahu ‘alayhi wa sallam) would ask them if he had left any wealth. If they answered in the negative, he would not pray for him.

This is based on a Hadeeth reported by Al-Bukhaari in his Saheeh, on the authority of Salamah ibn Al-Akwa’ (Radia-Allaahu ‘anhu): “Once, while we were sitting in the company of the Prophet, a dead man was brought. The Prophet (Salla-Allaahu ‘alayhi wa sallam) asked: “Is he in debt?” The people replied in the negative. He (Salla-Allaahu ‘alayhi wa sallam) said: “Has he left any wealth?” They said, “No.” So, he led his funeral prayer. Another dead man was brought, and the people said: “O Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam)! Lead his funeral prayer.” The Prophet (Salla-Allaahu ‘alayhi wa sallam) asked: “Is he in debt?” They said: “Yes.” He said: “Has he left any wealth?” They said: ”Three dinars.” So, he led the prayer. Then a third dead man was brought, and the people said [to the Prophet (Salla-Allaahu ‘alayhi wa sallam)]: “Please lead his funeral prayer.” He asked: “Has he left any wealth?” They said: “No.” He asked: “Is he in debt?” They said: (Yes! He has to pay) “Three dinars.” He (Salla-Allaahu ‘alayhi wa sallam) (refused to pray and) said: “Then pray for your (dead) companion.” Abu Qataadah said: “O Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam)! Lead his funeral prayer, and I will pay his debt.” So, he led the prayer.” [Al-Bukhaari no. 2289]

If paying off the debt of the deceased from Zakaat was legal and prescribed, he (Salla-Allaahu ‘alayhi wa sallam) would have done it, because the Zakaat was enjoined before the conquests. This is from one aspect.

From another aspect, if paying off the debt of the dead people from the Zakaat is permissible, then the living will be deprived from paying off their debts and loans. It is better and more deserving to pay off the debt (loan) of the living rather than the dead, even from the voluntary charity, because the living person is humiliated by the debt and is in pain. However, if the dead person had acquired money intending to pay it back, Allaah (Ta’ala) would pay it off on his behalf. This is as mentioned in the authentic narration reported by Al-Bukhaari in his Saheeh. Abu Hurairah (Radia-Allaahu ‘anhu) narrated that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “Whoever takes money from the people with the intention of repaying it, Allaah will repay it on his behalf, and whoever takes it in order to spoil it, then Allaah will spoil him.” [Al-Bukhaari no. 2387]

So, whoever takes money from the people with the intention of repaying it, Allaah will repay it on his behalf in this world and the Hereafter. In this world, Allaah will make it easy for him (the indebted) to have his debt paid off (by someone), and in the Hereafter by making his debtor be pleased with him if he could not fulfil or repay the loan.

It is permissible to pay off the debt of the deceased from the voluntary Sadaqah, and anyone who does that will be rewarded –In Shaa Allaah- but paying off the debt from Zakaat money is not permissible, based on the most preponderant point of view.” [End quote- Fiqh Al-Ebadaat Ahkaam Az-Zakaat]

Source:

Fiqh Al-Ebaadaat –Sharh Abwaab Az-Zakaat was-Siyam, by Shaikh Sa’d ibn Turki Al-Khathlan

Shaikh Ibn ‘Uthaimeen (Rahimahullaah) was asked: “I had a paternal uncle who passed away. Sometime after his death, someone came and said that my uncle owed him a debt, and to give it to him. I asked him for proof of that debt in the form of a document or otherwise, and he did not have any proof.

Then I asked him to swear an oath by Allaah that my uncle owed him a debt. He refused to swear on the grounds that he would never swear an oath concerning anything that was owed to him; therefore, in this case there was no reason to swear an oath. What should be done in such a case? Should I give him what he is claiming of debt?”

Ibn ‘Uthaimeen (Rahimahullaah) replied: “With regard to this person who is claiming that your uncle owed him a debt, you do not have to pay him unless he establishes proof. If he does not establish proof, you are not obliged to pay him, because the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: ‘Proof is required of the claimant.’ That is because he is the one who is falling short, as he has not proven this matter with any evidence. For that reason, you do not have to do anything.

That is the case unless you know that this man is trustworthy and would not claim anything that he is not entitled to. In that case, the one who trusts what he says must give him part of the debt, commensurate with his share of the estate. As for the one who does not trust what he says, he is not obliged to give him anything. The fact that you asked him to swear an oath, and he did not do so on the grounds that he believes that he is entitled to this payment, means that he is the one who has been negligent concerning his rights, because he does not deserve anything unless he swears an oath.

But if it is as you said before, that you are certain that this man is telling the truth, and you inherited something of your uncle’s wealth, then pay him a share, or something from your share of your uncle’s estate.

The same applies to each of the heirs who believes him; they must give him something from their share of the estate.

For example, let us assume that your uncle had a daughter, and that you are the ‘Aasib (residuary i.e., remaining heir). In that case, the daughter takes half (of the estate), and you take the remainder, which is the other half.

If the claimant claims that he is owed ten thousand riyals, and you are certain that he is telling the truth, then you must pay him from what you inherited from your uncle, and give him five thousand riyals, because that is commensurate with your share.

Then if the daughter also believes him, she should give him the remainder. But if she does not believe him, she does not have to do anything.

This is the ruling concerning this matter.” [End quote from Fataawa Noor ‘ala ad-Darb]

Source:

http://binothaimeen.net/content/7925

Shaikh Muhammad al-Mukhtaar ash-Shinqeeti (Hafidhahullaah) said:

“The heirs are sinning by delaying payment of the debts. If one’s father or relative died, and left behind wealth, e.g. a house, and he owes a debt, then the heirs must sell the house to pay off his debt, and they should rent (their accommodation) or move somewhere else. As for leaving the debt without discharging the obligation, when he had left behind some wealth with which the debt could be paid off, this is injustice towards the deceased, and if that has to do with parents, then the matter is even more serious. It is narrated in a report from the Prophet (Salla-Allaahu ‘alayhi wa sallam) that the soul of the believer is held back by his debt. [Reported by At-Tirmidhi no. 1078 and authenticated by Al-Albaani]. One of the scholars said: ‘If a person owes a debt, then bliss will be withheld from him until his debt is paid off.’ Therefore, he said: ‘The soul of the believer is held (suspended) by his debt.’ According to another version: ‘[It] is held back by his debt.’ What is meant is that it is held back from bliss until his debt is paid off.

This is supported by the Hadeeth of Abu Qataadah (Radia-Allaahu ‘anhu) that is narrated in As-Saheeh: A man was brought to the Messenger of Allaah (Salla-Allaahu ‘alayhi wa sallam) and he (Salla-Allaahu ‘alayhi wa sallam) asked: “Did he leave behind any debt?” They said: “Two dinars.”

He (Salla-Allaahu ‘alayhi wa sallam) said: “Did he leave behind anything to pay it off?” They said: “No.” He said: “Pray for your companion (i.e. the funeral prayer).” Abu Qataadah said: “I will take responsibility for (the two dinars), O Messenger of Allaah.” So the Prophet (Salla-Allaahu ‘alayhi wa sallam) offered the funeral prayer for him. Abu Qataadah said: “Every time he [the Prophet (Salla-Allaahu ‘alayhi wa sallam)] met me, he asked me: ‘Have you paid it off on his behalf?’ And I would say: ‘Not yet.’

(That went on) until he met me one day and said: ‘Have you paid it off on his behalf?’ I said: ‘Yes.’ He said: ‘Now his skin is cooled off.’” [Reported by Ahmad in his Musnad no. 3/629 and graded Hasan]

 This is indicative of the seriousness of the matter of debt, and that haste should be made to pay off debts, especially the debts of parents, because in that case the matter is more serious.

End quote from Sharh Az-Zaad