Q: If a father passed away leaving debts behind (even though in his life he might have been a bit lax in trying to sort out things quickly), is it waajib on the heirs to settle the debts? Or will it be regarded as Ihsaan if they sort it out?
Lastly, if the heirs do not have the ability to sort out things then what should be done?
A: The law of shariah in regard to how the wealth of the deceased should be disposed is as follows:
Firstly, his wealth will be used to pay for his burial expenses (i.e. purchasing his kafan, transporting the body to the graveyard and paying for the grave).
Secondly, his debts will be settled.
Thirdly, if he made a bequest for any non-heir, the bequest will be fulfilled from one third of the wealth that remains after settling the debts.
Fourthly, whatever wealth remains thereafter, it will be distributed among the heirs, according to the stipulated shares of inheritance.
If the deceased left a lot of debts more than the estate, then it is not compulsory upon the heirs to settle the remaining debts of the deceased from their own wealth. However, if they do so, it will be optional and it will be an act of great virtue that they will be doing to the deceased.
And Allah Ta'ala (الله تعالى) knows best.
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