#551: The Debt of a Deceased Mother Feared Unpaid after Her Death

QUESTION

“Asalam alaekum Wa rahmotulah wa-barakatuhu. A Question: A man remember (after the death of her mother ) that she borrowed some money. He doesn’t know how much. The owner died before his mother’s death. His mother didn’t say anything about it before her death. He became afraid that “what if his mother didn’t pay back before her death ” Islamically what will he do?”

ANSWER

Wa alaykum Salām Warahmatullāh Wabarakātuh.

Alhamdulillāh

The ‘Ulamā are at an agreement that to settle the debt of the dead is an Obligation on the Relatives of the deceased.

Before any other thing is done with whatever he leaves behind, his total debts must be sorted, calculated and paid back to whosoever he owes.

This is because what is left of his things that is owed to someone else is not a part of his properties and this cannot be included among his properties that are to be inherited.

But in the situation depicted in the question where the exact debt is unknown and the one to whom the debt is owed is also deceased, then the situation is complex.

This is because what was obligatory upon his mother right after the death of the person she owed was to seek to ensure she paid same to his inheritors.

What is therefore obligatory in this situation is for him to seek to clear whatever doubts he has in his mind in this regards by seeking further clarifications for those who knew the dealings and the kinds of relationships between his mother and her Creditor.

He must keep seeking clarification and making findings until he gets clarity in this regard.

He must remember the Hadīth in which the Rasūl – salallāhu alayhi wasallam – said:

نفس المؤمن معلقة بدينه حتى يقضى عنه

“The Soul of a Believer is attached to his debts until it is paid off on his behalf”

This was recorded and declared a Hasan Hadīth by At-Tirmidhī.

The Hāfidh Imām Al-‘Irāqī – rahimahullāh – said:

“What is meant is that the matter of his soul is undecided. It is not judged upon to have been saved or destroyed until it is seen whether his debts are settled or not.”

The matter of debts after death is very serious and severe and he must be persistent on findings until Allāh shows him a way in this regards.

If however he tried all he could and is not able to get clarity in this regard then he must continue to make du’ā for his mother until Allāh settles his heart on this matter.

Likewise, he should give out Sadaqāt on behalf of his dead mother to those in need and to the Cause of Allāh that that may benefit her in the grave.

Ibn Qudāmah said in Al-Mughnī:

“And whatever form of Worship he does and intends that its reward be for one who is deceased, then it will benefit the (deceased) by Allāh’s will.”

Bārakallāhu fīkum
Jazākumullāhu Khayran

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