Does any of the heirs have the right to compel the eldest brother to pay the debts of the deceased father's company, which are owed to governmental bodies, from the company's estate through the court, especially since the eldest brother has seized the company and refused to pay the debts from it?
The heirs of the deceased must settle his debts from his estate before its distribution, because debts take precedence over the rights of the heirs. Delaying the repayment harms the deceased, as the Prophet, peace and blessings be upon him, said: "The soul of the believer is suspended by his debt until it is paid off on his behalf." Therefore, it is not permissible for any heir to take anything from the inheritance before all debts and bequests (if any) are settled. The establishment that the brother took control of is part of the estate. All assets left by the deceased must be inventoried, and all related rights must be settled, then the remainder should be divided among the heirs. If the brother refuses, the matter must be brought before the court to inventory the estate, settle the debts, and then distribute the remainder.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 156957
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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