Is it permissible to settle the debts of the deceased from the amount disbursed to his children by his employer, and should the settlement be equally or with the male receiving the share of two females?
The money paid by the employer to the children of the deceased falls into two categories:
1. If it was due to the deceased: It is considered part of his estate, and his debt must be settled from it before the estate is distributed. Debt takes precedence over the rights of the heirs. Delayed debts become due upon death according to the majority of scholars. 2. If it is a gift from the employer: It is not considered part of the estate, and the deceased's debt is not required to be settled from it. Instead, the debt is paid from the deceased's other assets, such as the house. A mature, sane heir may settle the debt from his gifted money, but it should not be settled from the share of a minor.
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- 190540
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