Back to search
The question

Is the money received by the martyr's wife and children from charities considered part of the martyr's estate, and is she obligated to pay his debts from it, or should his debts be paid from his designated "martyr's salary"? And does the wife have the right to claim her deferred dowry from the deceased's father or from the martyr's salary?

Share this answer

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

If someone dies owing a debt and leaves no estate, neither their father nor their heirs are obligated to pay off their debt, and the debt remains their responsibility. Many jurists have held that the ruler is obligated to pay the debt of a deceased insolvent person from the public treasury, citing the Prophet's (peace and blessings be upon him) saying: "Whoever among the believers dies and leaves a debt, its repayment is My responsibility; and whoever leaves wealth, it is for his heirs." This includes deferred dowry as part of the debt. If the deceased had a salary due from the state, it is considered an estate from which their debts must first be paid. However, if the salary was a gift or what the wife receives from charitable organizations, it is not considered an estate, and the debt does not have to be paid from it. The criterion for the obligation to pay the debt is the existence of an estate; if one exists, the debt is paid from it, otherwise, their heirs are not required to pay it.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
146747
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy