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Must the creditor wait until the property is sold to settle his debt, or must the heirs give him a share in the property equivalent to the value of the debt, or does Islamic law have another opinion on this matter, bearing in mind that the creditor is one of the sons?

1 min readAlso available in العربية

If a person dies while indebted and leaves behind wealth, their debt must be paid immediately from their wealth, unless the creditor agrees to a delay. The heirs are sinful if they delay the repayment of the debt, because the soul of a believer is held hostage by their debt until it is paid off. So, if the deceased left behind money or property, the heirs are obligated to sell the money or property to pay off the debt, and it is not permissible for the debt to remain outstanding against their liability.

The heirs are not obligated to give the foreign (non-family) creditor a share of the house; rather, the house must be sold to pay off their debt, and procrastination is not permissible. However, if the creditor is one of the children, there is no harm in them sharing it; thus, they may sell the house or give him a portion of the house equivalent to his debt.

If the house is sold, the creditor is given his monetary debt, and if the currency's value has decreased by one-third or more, he is compensated for this decrease.

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

Read the full answer on Ftawy