Paying off Debt After Death: A Muslim’s Responsibility
THE IMPORTANCE OF PAYING ANY OUTSTANDING DEBT WHICH WAS STILL BINDING UPON THE DECEASED
Debt is a responsibility burden that should be settled by the debtor. Every Muslim should have the determination to settle his debt. This determination should be accompanied with efforts to settle the debt. In a hadith narrated by Abu Hurairah (may ALLĀH be pleased with him), the Prophet (ﷺ) said: “Whoever takes the money of the people with the intention of repaying it, ALLĀH will repay it on his behalf, and whoever takes it in order to spoil it, then ALLĀH will spoil him.” {al-Bukhārī #2387}.
If a person who has a debt dies, then it is obligatory for the debt to be settled using the property that the deceased person left. Foremost of that which benefits the deceased is the payment of any outstanding debt which the deceased still owed, since the deceased is held accountable for any debt until it is repaid, and the seriousness of dying in a state of debt is not to be taken lightly, in this regard there are many authentic aḥādīth.
On the authority of Abu Hurairah (may ALLĀH be pleased with him) who said that the Messenger of ALLĀH (ﷺ) said: “The soul of the believer remains suspended because of his debt, until it is settled on his behalf.” {Ahmad #9679}
As-Suyooti said regarding the meaning of this: “It is detained and kept back from reaching its noble destination.” {Tuhfatul Ahwadhee, 4/193}
On the authority of Muhammad bin Jahsh (may ALLĀH be pleased with him) who said that the Messenger of ALLĀH (ﷺ) said: “By the one in Whose Hand is my soul, if a man were killed in battle for the sake of ALLĀH, then brought back to life, then killed and brought back to life, then killed, whilst he owed a debt, he would not enter Paradise until his debt was settled on his behalf.” {Ahmad #22493}
Al-Hāfiz Ibn Hajar (may ALLĀH have mercy on him) said: This hadīth indicates how difficult the issue of debt is, and that it should not be undertaken except in cases of necessity. {Fath al-Bari, 4/547}
The payment of the debt should be settled first using the money left by the deceased before it is divided to the heirs. If the inheritance left is insufficient to settle the debt of the deceased, it is not obligatory for the heirs to pay off the debt. However, if the heirs decide to help settle the debt, then it is included as goodness towards the deceased. Surely, it is a good deed towards the deceased and the best for the heirs.
Shaikh ‘Abdul-‘Azīz bin Bāz (may ALLĀH have mercy on him) said: “If he (the deceased) had any debts; then it is obligatory to hasten in settling them from his wealth if he had any wealth, and if he did not have any wealth then it is legislated for his heirs from his offspring and relatives that they make payment of it on his behalf, since payment on his behalf is from the greatest of charities upon him.” {Fatāwa Noor ‘alaa ad-Darb, 2/1153}
Shaikh Zaid bin Hādi al-Madkhali (may ALLĀH have mercy on him) said: “It is not conditional that the one who undertakes the repayment of debt should only be a heir of the deceased, rather it is correct that the heir can repay it and it is correct that someone other than the heir from the Muslims can repay it, all of that is productive and beneficial.” {Afnān an-Nadiyyah 2/502}
O ALLĀH, we seek refuge with YOU from being heavily in debt and from being overcome by men.