Is it obligatory to repay a debt claimed by someone more than a year after my brother's death, and what evidence is required from the claimant?
A fixed debt owed by the deceased must be settled from their estate. If the creditor establishes legal proof or the debt is acknowledged, it must be paid from the deceased's inheritance. However, if no proof is provided, the creditor is entitled to nothing, for the burden of proof is on the claimant, and the oath is on the one who denies. Financial claims are established with the testimony of one man and two women, or with one witness along with the claimant's oath. Debt takes precedence over the rights of heirs. If the inheritance is distributed before the debt is paid, the creditor's right remains valid, and they may claim it from the heirs. However, if the deceased left no assets to cover their debt, their heirs are not obligated to pay it. Nonetheless, whoever voluntarily pays it will be rewarded.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 181966
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy