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The question

Is the estate to be distributed among the heirs if it is insufficient to settle the deceased's debts, or even half of them?

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

Nothing from the inheritance should be distributed to the heirs before all the deceased's debts are paid. If anything remains, the heirs take it; otherwise, not. This is because the payment of debt takes precedence over the rights of the heirs, as Allah the Almighty says: ﴿from after any will he may have made or any debt﴾. The debt of a human being is obligatory to be paid, according to Islamic law, before the distribution of the inheritance, so that the deceased's liability is cleared. If what the deceased left behind is not enough to cover all his debts, then the existing assets are distributed among the creditors proportionally.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
193703
Imported
Translation status
Source text, unreviewed
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