Is the estate to be distributed among the heirs if it is insufficient to settle the deceased's debts, or even half of them?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/193703
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 193703
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy