Back to search
The question

What is the religious ruling on a debt that is recorded for a person to be paid after the creditor's death?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a person acknowledges a debt that is to be paid after their death, but it is not, in fact, a debt, then this is considered a gift that falls under the ruling of a bequest, as it is deferred until after death.

The legatee (recipient of the bequest) must fear Allah and know that they are not lawfully entitled to anything from the inheritance except what the Sharia has granted to legatees. The deceased's written statement does not make what is inherently unlawful permissible, and whoever takes from it what is not rightfully theirs is taking the heirs' money unjustly. This is based on the Almighty's saying: "And do not consume your properties among yourselves through falsehood" (Al-Baqarah: 188). Thus, a ruler's judgment does not make what is unlawful permissible, nor does it make what is permissible unlawful for one who knows the true nature of the matter. This is a consensus among scholars regarding financial matters.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
81709
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy