Back to search

Do the rights that the deceased did not hand over to their rightful owners remain a burden on their conscience, for which they are sinful after death? And should the heirs be informed of them, and are they considered a debt upon them? And are the owners of the rights sinful if they do not claim them?

1 min readAlso available in العربية

The heirs must pay off the deceased's debt before dividing the inheritance, because "the soul of the believer is suspended by his debt until it is paid off," as the Prophet, peace and blessings be upon him, said: "Now his skin has cooled."

To prove these rights, the mere appearance of papers signed by the deceased is not sufficient; there must be evidence or an admission by the heirs. The judge may accept whatever evidence he deems conclusive. If the debt is proven but has not reached its rightful owners, it remains the deceased's liability and must be paid from his estate before its division.

If the heirs do not know about the rights until after the division, and they have divided the inheritance, then if the debt encompasses the entire estate, the heirs are told to pay it. If they pay it, the division is valid; otherwise, it is annulled. If the debt does not encompass the entire estate, the division is not annulled if there remains enough in the estate to cover the debt.

These rights must be proven by evidence, an admission from the deceased, or confirmation from the heirs, for the Prophet, peace and blessings be upon him, said: "The burden of proof is on the claimant, and the oath is on him who denies."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy