Chapter 13 of 33 2 min read
5. Debts
5. الديون
All outstanding debts of the dead person should be repaid from the wealth he or she left behind, even if it consumes all of the inheritance. If dead person was without wealth or the inheritance was not sufficient to cover all of his or her debts, the state will be responsible to repay the remainder, if the dead person had made serious efforts to pay it. ‘Aa’ishah reported that the Prophet (r) had said, 9 Uhud is a volcanic hill with a plain stretching before it on the western outskirts of Madeenah. The Quraysh defeated the Muslims there in the third year of the Hijrah (625 CE). (The Concise Encyclopaedia of Islam, p.68). 10 The name given to the city of Madeenah’s graveyard. 11 Collected by the Four Sunans. Sunan Abu Dawud, vol.2, p.899, no.3159, Sunan Ibn-i-Majah, vol.2, p.403-4, no.1516 and Mishkat Al-Masabih, vol.1, p.356. It is authenticated in sahih Sunan Abee Daawood, vol.2, p.610, no.2710 and in Ahkaamul-Janaa’iz, p.14. 12 sahih Kitaab al-Athkaar, vol.1, p.433.
)) ﻪﻟِﻴ ﻓﹶﺄَﻨﹶﺎ ﻭﻪﻘﹾﻀِﻴ ﻴلَ ﺃَﻥﺎﺕﹶ ﻗﹶﺒ ﻤﺎﺌِﻪِ ﺜﹸﻡ ﻓِﻲ ﻗﹶﻀﺩﻬ ﺠﻨﹰﺎ ﺜﹸﻡﻴﺘِﻲ ﺩ ﺃُﻤلَ ﻤِﻥﻤ ﺤﻥﻤ ((. “Whoever among my Ummah carries a debt and strives to repay it, but dies (before being able to do so), I will be responsible for it.”13 Allaah identified the ghaarimoon (debtors) as being among those eligible to receive Zakaah. If, however, the state was unable to do repay the dead person’s debts, any Muslim may voluntarily repay the debts as a act of charity. ﻌ ﺴﻥﻋ ﺕﹸ ﺃَﻥﺩﺍ ﻓﹶﺄَﺭﺍ ﺼِﻐﹶﺎﺭﻟﹶﺩ ﻭﻙﺘﹶﺭ ﺜﹶﻼﹶﺙﹶ ﻤِﺎﺌَﺔِ ﺩِﻴﻨﹶﺎﺭٍ ﻭﻙﺘﹶﺭﺎﺕﹶ ﺃَﺨِﻲ ﻭلِ ﻗﹶﺎلَ ﻤﻥِ ﺍﹾﻷَﻁﹾﻭﺩِ ﺒ ﻭلُ ﺍﻟﻠﱠﻪِ ﺴ ﻓﹶﻘﹶﺎلَ ﻟِﻲ ﺭﻬِﻡﻠﹶﻴﺃُﻨﹾﻔِﻕﹶ ﻋ r : ))ﻨﹾﻪ ﻓﹶﺎﻗﹾﺽِ ﻋﺏﻨِﻪِ ﻓﹶﺎﺫﹾﻫﻴ ﺒِﺩﻭﺱﺒﺤ ﻤ ﺃَﺨﹶﺎﻙ ﺇِﻥ (( ﺕﹸ ﻓﹶﻘﹶﻀﺒﻗﹶﺎلَ ﻓﹶﺫﹶﻫ ﺃَﺓﹰ ﺭﻕﹶ ﺇِﻻﱠ ﺍﻤﺒ ﻴﻟﹶﻡ ﻭﻨﹾﻪﺕﹸ ﻋﻴ ﻗﹶﻀﻭلَ ﺍﻟﻠﱠﻪِ ﻗﹶﺩﺴﺎ ﺭ ﺠِﺌْﺕﹸ ﻓﹶﻘﹸﻠﹾﺕﹸ ﻴ ﺜﹸﻡﻨﹾﻪﺕﹸ ﻋﻴ ﻨﹶﺔﹲ ﻗﹶﺎلَﻴﺎ ﺒﺕﹾ ﻟﹶﻬﺴﻟﹶﻴﻥِ ﻭﻴﻋِﻲ ﺩِﻴﻨﹶﺎﺭﺘﹶﺩ :)) ﺎﺩِﻗﹶﺔﹲﺎ ﺼﺎ ﻓﹶﺈِﻨﱠﻬﻁِﻬﺃَﻋ ((. Sa‘d ibn al-Atwal reported that his brother died and left behind him three hundred dirhams and a family, and he, Sa‘d, wanted to spend it on his brother’s family, but the Prophet (r) informed him, “Verily your brother is imprisoned by his debt, so go and pay it off.” Sa‘d went and paid it off, then came to the Prophet (r) and said, “I have paid it all off except for two dinars claimed by a woman who does not have any proof.” The Prophet (r) told him, “Give it to her for verily she is truthful.”14 Permissible Actions by Those Present