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Fatwa #4416911 February 2020South Africa

If a person passes away with debts, will he be sinful?

Question

Assalamualaikum hazrat Mufti Sb 

If a person passes away with debts, will he be sinful? 

The hadith mentions regarding his soul being held back and the lilke. 

Jazakallah 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, it is important to understand that Islam has highly emphasized the importance of paying off one’s debts before he passes away. Great emphasis on fulfilling one’s debts and the severity in not doing so can be found in numerous Ahadith. The hadith you refer to is the following:

عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم:‏ "‏نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ‏" (جامع الترمذي:1078)

Translation: Abu Hurairah (Radhiyallahu Anhu) narrated that: The Messenger of Allah (Sallallahu Alaihi Wasallam) said: “The believer's soul is suspended by his debt until it is settled for him.”

(Jami Al-Tirmidhi:1078)

Rasulullah (Sallallaahu Alaihi Wasallam) also refused to perform the Janazah Salah of an individual who was in debt until another companion took the responsibility upon himself to pay the debt.

Based on the above, one can understand the severity of not fulfilling one’s debts before passing away. Thus, one who has outstanding debts should record it in his Wasiyyat (Will) and take the necessary steps to ensure that the debt be paid from his estate. If any individual was to volunteer to pay off the outstanding debts, then that is a good deed that will be rewarded by Allah.

In his lifetime, he should endeavour to pay off all debts by making adjustments in his comforts. However, despite all efforts, if he happens to pass away without fulfilling his debts, then it is hoped that Allah Ta’ala will judge the person according to his intention.

And Allah Ta’āla Knows Best

Hammad Ibn Ismail Jogiat

Student Darul Iftaa
Cambridge, Ontario, Canada

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