Should the deceased's family pay the amount claimed by the claimant and supported by witnesses, or should they limit themselves to what the deceased willed, in the absence of any written document or attestation other than the claimant's witnesses?
The matter of debt is grave, and scholars have emphasized the necessity of expediting its repayment on behalf of the deceased. Ibn Uthaymeen even stated: "It is obligatory to hasten the repayment of his debt," whether it is a debt to Allah or to a human being. The proof for this is that "the soul of a believer is suspended by his debt until it is repaid on his behalf."
A debt is not established against the deceased except by one of two matters: acknowledgment or clear evidence (testimony). If there is an acknowledgment of a specific amount, then it must be paid. As for clear evidence, it can be the testimony of two men, or one man and two women, or one man along with the claimant's oath.
As for the testimony of relatives, it is rejected if there is an accusation that they are favoring their relative and testifying falsely. If the truthfulness of the witnesses is most probable, then the money must be paid. If their lack of truthfulness and their accusation are most probable, then it is not obligatory. The claimant may resort to the judge to decide whether to accept the testimony or not.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/23403
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 23403
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy