Is it permissible for me to take the money I lent to a person who passed away, on condition that his family repays the debt to me if they recover money owed to him by another person, and what is incumbent upon me to do?
The deceased's liability for debt is not cleared except by an absolute waiver from the creditor or by the debt being paid on their behalf. If the waiver is conditional on the debt being paid from another debt owed to the deceased by another person, then this is not considered a waiver, and the deceased remains bound by their debt. The noble Hadith has shown the seriousness of debt, as the soul of the deceased remains suspended by their debt until it is paid off. If the waiver is not granted, then the deceased's heirs must pay off their debt from their estate or from the money owed to them by others, whenever they are able to do so.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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