Jamiatul Ulama KZN

Settling the debts of the estate from Lillah Funds

· 21 Rabiʻ I 1444 AH1 min readEnglish

Question

If there are debts in an estate, can family members use their own Zakaat money to pay off the debts in the estate?

Answer

The debts of the deceased must be paid out from the deceased’s estate even if the debt encompasses the entire estate. If the entire estate is used in paying the debts of the deceased and there still remains unpaid debts, Zakaat funds cannot be used to settle the debts of the deceased. This is because Zakaat funds cannot be used for the deceased. Zakaat funds can only be used for Zakaat recipients who are alive.

If however, the family is willing to settle the debts of the deceased, they may do so by using Lillah funds.

And Allah Ta’ala Knows Best

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Source: Jamiatul Ulama KZN — https://jamiat.org.za/settling-the-debts-of-the-estate-from-lillah-funds/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-35509

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