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Fatwa #383626 September 2001United States of America

If a person dies but he has been paying his debts.But he still owes some, does he still go to jinnah or does he remain out intill there payed.

Answer

Rasulullah (Sallallaahu Alayhi Wasallam) emphasised the rights of a
creditor. He said, 'If a person has the means to pay but does not do so,
that is oppression.'

Rasulullah (Sallallaahu Alayhi Wasallam) also refused to perform Salaatul
Janaaza on one Sahaabi (Radhiallaahu Anhu) who was in debt until another
Sahaabi took the responsibility upon himself to pay the debt.

In view of the aforegoing, one should avoid being involved in a debt.
However, if he is involved in a debt, he should record that in his Wasiyyat
(Will) and make provisions for the debt to be paid from his estate. In his
lifetime, he should endervour to pay the debt out by making adjustments in
his comforts. If he did all the above and passes away without the debt being
fulfilled, then Insha Allah, Allah will judge the person according to his
intention.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.
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