If the debtor dies, who has to pay the debt?

Dear Brother / Sister,

The debt of the person who dies as a debtor is paid from his wealth until it finishes.

“To Allah belongs the heritage of the heavens and the earth.” (Aal-i Imran, 3/180)

No property is permanent for anyone. The property is something entrusted to us. We will die and our property will be inherited. What is more, its distribution will become a problem. It will be nice if the heirs act based on justice. Otherwise, we will be held responsible for some rights of others. 

Death is a fact and inheritance is halal provided that a fair distribution is made. The Quran itself has determined who is entitled to the property left behind by the deceased.

All of the property left behind by the deceased - money, jeweler, movable property, real estate, property, land, car, whatever - is called “taraka (inheritance)”

1. First of all, the funeral and burial expenses of the deceased person are met from the inheritance.

2. Then the debts, if any, are paid from the inheritance. Debts can be based on written documents or witnesses, or they can be without written documents and involving rights of others. They are searched and paid from the inheritance.

3. Then, if he has bequeathed anything, it is fulfilled.

4. After that, the decrees of inheritance determined by the Quran, the Sunnah and the consensus of the Ummah are applied for the heirs of the deceased person.

If the person who dies as a debtor leaves nothing, there is nothing to be done. Paying the debts of the deceased person is not an obligatory duty for his heirs if they are rich. Even his son does not have to pay his debt. If the heirs or others want, they can pay his debt. If they pay, they will gain thawabs and the deceased will be freed from debt.

The state of the people who become indebted due to others and go to the presence of Allah with that debt is really pitiful.

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