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The Official Site of Shaykh Abdul Raheem
(Damat Barakaatuhum)

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Q926 Is it fardh for a son to pay his fathers debts after he passes away?

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Salaams Moulana,

I have searched the website to find answers to similer questions but have been unsuccessful in finding. Basically we as a family wanted to know. When the father passes away. is it fardh for a son to pay his fathers debts after the father passes away? what if the son is financially not able to pay these debts off as he does not have the means himself to do so? what happens to the fathers debts? Is it the daughters obligations to pay off these debts if the brother isn’t able to do so?
Jazakallah Khair
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The debts should be paid from the father’s estate before the distribution of inheritance, if the estate is not enough then it is strongly advisable for the children to pay but not obligatory. The daughters should also contribute if they have money of their own.

It should be remembered that loans are from Huqquul Ibad I.E rights of people, and will not be forgiven until it is paid or the person who it is owed to forgives it.
it is mentioned in one Hadeeth
 (روى الترمذي عَنْ أَبِي هُرَيْرَةَ رضي الله عنه قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : ( نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ 
The soul of a believer is suspended due to his debts until they are paid on his behalf.

According to some commentators such as Allamah Sindhi RA, this means he cannot enter Jannah until the debt is paid off.
Therefore the children should try their best to pay the debts off as soon as possible.
وقال الكاساني ” الدَّيْن مقدَّم على الإرث قليلا كان أو كثيرا ، قال الله تبارك وتعالى : ( من بعد وصية يوصى بها أو دين ) النساء/ 12 ” انتهى من ” بدائع الصنائع في ترتيب الشرائع ” (7 /

Written by Mufti Nu’maan 

Checked by Mufti Tahir Wadee Saheb and Sheikh Abdul Rahim Saheb (Hafdhahumullah)

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