What should we do now that the mother has given away in charity the money she owed, then the creditor appeared after her death, and we do not have the amount available? And is she sinful for that?
If the debtor despairs of meeting the creditor, he can pay the money to the Sharia judge or give it as charity on behalf of the creditor. If the creditor then appears, the debtor should inform him of his action. If the creditor approves, then all is well. If he does not approve, the debtor must give him his right, and the reward for the charity will go to the debtor.
Accordingly, we advise informing the creditor that the mother gave charity on his behalf. If he approves, then all is well. If he does not approve, and the mother had money, the debt must be paid from her wealth before the inheritance is distributed, in accordance with the Almighty’s saying: "after any bequest which he may have made or any debt." There is no sin on the part of the creditor for taking the money. If the money has already been divided among the heirs, they must pay the debt, as they do not fully own the inheritance until after the debt is paid. If she did not leave any money, it is recommended for her heirs to pay on her behalf.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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