Is it permissible to count the father's outstanding debts owed by people—both those in hardship and those procrastinating—as part of the one-third bequest designated for charitable causes?
Making debts part of the one-third portion of the will designated "for the sake of Allah" and allocating present wealth to the heirs is not permissible, because the legatee's right to the one-third portion encompasses all wealth (both present and debts). It is also not permissible to waive debts owed by legatees under the pretext that they are "avenues of good," for the purpose of a will is to give charity from wealth, not to preserve it. However, waiving a debt for someone in hardship as an act of charity, without considering it part of the will, is permissible with the consent of the adult, mature heirs, based on the Almighty's saying: ﴿And if there is one in hardship, then [let there be] postponement until [a time of] ease. But if you remit [the debt] as charity, it is better for you, if you only knew.﴾ [Al-Baqarah: 280], and based on the prophetic traditions that encourage granting respite to those in hardship and giving them charity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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