Prayer TimesA person who has debts should strive to pay them off while alive. This is because leaving debts behind after death can create serious difficulties both for the deceased and for their family. Allah may forgive a person's shortcomings towards Him, but debts owed to other people are not forgiven by Allah; only the creditor can forgive them.
The Prophet (ﷺ) said: "The soul of a believer remains suspended by his debt until it is paid off." (Ahmad, Tirmidhi). This means that the fate of a person who dies without settling their debts is uncertain. Even if the deceased is a martyr (shaheed), their status is withheld until their debts are paid. Only after the debt is settled does the martyr receive their full reward. For this reason, at a funeral, the deceased's debts are asked about first, and arrangements to pay them are made. Debts take precedence over the rights of heirs.
Sa'd ibn Atwal (may Allah be pleased with him) said: "My brother died, leaving behind three hundred dirhams and a family. I wanted to spend the money on his family. The Prophet (ﷺ) said: 'Your brother's debt has not been paid, so he is being held back (from entering Paradise). Pay off his debt.' I said: 'O Messenger of Allah! I have paid his debt except for two dinars that a woman is claiming without proof.' He (ﷺ) said: 'Give it to her, for it is her right.'" (Ahmad).
Islamic law allows the deceased's property to be used as collateral to pay off their debts. A relative or another person who takes on this responsibility pays the debt from the deceased's estate. Once the debt is fully paid, the deceased is freed from this obligation.
If the deceased left no property sufficient to cover the debt, or did not appoint a guarantor while alive, scholars have different opinions about how the debt should be paid.
The book Bada'i al-Sana'i states: "According to Abu Hanifa (may Allah have mercy on him), it is not valid to guarantee the debt of a deceased person who left no estate. Abu Yusuf and Muhammad (may Allah have mercy on them) consider such a guarantee valid." The book Zad al-Fuqaha says, "Abu Hanifa's (may Allah have mercy on him) opinion is correct," while Muheet al-Sarakhsi explains, "A guarantee is only valid up to the amount of the estate left by the deceased" (Fatawa al-Hindiyya, 3/1288).
Therefore, if the deceased left no estate, Abu Hanifa's (may Allah have mercy on him) view is followed: the guarantor pays the debt from their own wealth, but is not compelled to do so.
However, every sensible person should prepare for the Day they will return to Allah and be ready in terms of faith. Allah says: "And fear the Day when you will be returned to Allah" (Surah al-Baqarah, 2:281).
Hasan AMANKUL,
"Munara" newspaper, No. 6, 2020
This content was drafted with AI assistance and reviewed by an editor.