What can I (or do I have to) do if a creditor passes away before I could pay my debts to him?
Question
What can I (or do I have to) do if a creditor passes away before I could pay my debts to him?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, if the creditor passes away before the debtor can pay his debt, then the debtor shall pay off the debt to the inheritors of the creditor.[1]
However, in the absence of inheritors, the debtor shall distribute the debt to the poor and needy and make the intention of isale-e-thawab i.e. to intend the reward for the creditor.[2]
And Allah Ta’āla Knows Best
Fahad Abdul Wahab
Student Darul Iftaa
USA
Checked and Approved by,
Mufti Ebrahim Desai
www.Daruliftaa.net
References (Arabic / Urdu sources)
[1] كفايت المفتي ج٨ ص ١٣٨ دار الاشاعت
[2] جامع الفتاوي ج٦ ص٢٦٠ ادارة تاليفات اشرفية
- Answered by
- Fahad Abdul Wahab
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/28260
Fatawa SA: https://fatawa.co.za/fatwa/askimam-28260