YOUR CREDITORS & DEBTORS AFTER DEATH - DON’T BE DECEIVED
ASSEMBLED BY MALLAM ABBA ABANA, KUBWA, ABUJA, NIGERIA
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SATURDAY 5th OCTOBER 2019 CE – 4th SAFAR 1441 AH
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Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah. As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu.
Praise be to Allaah; we seek His help and His forgiveness. We seek refuge with Allaah from the evil of our own souls and from our bad deeds. Whomsoever Allaah guides will never be led astray, and whomsoever Allaah leaves astray, no one can guide. I bear witness that there is no god but Allaah, and I bear witness that Muhammad (Sallalhu alaihi Wasalam) is His slave and Messenger. PREAMBLE
Our Topic is on creditors & debtors after death and so don’t be deceived is a serious matter!
What do you know about the hadith on; who is bankrupt in the hereafter? What is meant by this hadith? “Verily, the real bankrupt of my Ummah (nation) are those who come on the day of resurrection with prayers..."
Applicable more to Spouses (Husband or wives) - who had not prepared Will before their transmission: Anyone who leave debts to heirs in huge or low amount; possibly written something down or not. Again if he is illiterate and cannot dictate everything down or due to low knowledge of Islam completely and/or neglected hereafter punishments. On the other hand, some have written their creditors but concealed their debtors. Sometimes, the mosque leaders with their imam in some areas or town could announce after burial if anyone is having owed amount against deceased or not to come forward? Thus, what’s the question in the context of person who owes another funds by any virtue -business or otherwise, and dies before settling that amount? We address few perceived punishment in the hereafter.
2.0 SETTLEMENTS OF DEBTS AFTER DEATH PUNISHMENT
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 58:
إِنَّ ٱللَّهَ يَأۡمُرُكُمۡ أَن تُؤَدُّواْ ٱلۡأَمَـٰنَـٰتِ إِلَىٰٓ أَهۡلِهَا وَإِذَا حَكَمۡتُم بَيۡنَ ٱلنَّاسِ أَن تَحۡكُمُواْ بِٱلۡعَدۡلِۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦۤۗ إِنَّ ٱللَّهَ كَانَ سَمِيعَۢا بَصِيرً۬ا (٥٨)
Allah doth command you to render back your trusts to those to whom they are due; and when ye judge between man and man that ye judge with justice: Verily, how excellent is the teaching which He giveth you! for Allah is He who heareth and seeth all things.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 12:
وَلَڪُمۡ نِصۡفُ مَا تَرَكَ أَزۡوَٲجُڪُمۡ إِن لَّمۡ يَكُن لَّهُنَّ وَلَدٌ۬ۚ فَإِن ڪَانَ لَهُنَّ وَلَدٌ۬ فَلَڪُمُ ٱلرُّبُعُ مِمَّا تَرَڪۡنَۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصِينَ بِهَآ أَوۡ دَيۡنٍ۬ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكۡتُمۡ إِن لَّمۡ يَڪُن لَّكُمۡ وَلَدٌ۬ۚ فَإِن ڪَانَ لَڪُمۡ وَلَدٌ۬ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَڪۡتُمۚ مِّنۢ بَعۡدِ وَصِيَّةٍ۬ تُوصُونَ بِهَآ أَوۡ دَيۡنٍ۬ۗ وَإِن كَانَ رَجُلٌ۬ يُورَثُ ڪَلَـٰلَةً أَوِ ٱمۡرَأَةٌ۬ وَلَهُ ۥۤ أَخٌ أَوۡ أُخۡتٌ۬ فَلِكُلِّ وَٲحِدٍ۬ مِّنۡهُمَا ٱلسُّدُسُۚ فَإِن ڪَانُوٓاْ أَڪۡثَرَ مِن ذَٲلِكَ فَهُمۡ شُرَڪَآءُ فِى ٱلثُّلُثِۚ مِنۢ بَعۡدِ وَصِيَّةٍ۬ يُوصَىٰ بِہَآ أَوۡ دَيۡنٍ غَيۡرَ مُضَآرٍّ۬ۚ وَصِيَّةً۬ مِّنَ ٱللَّهِۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌ۬ (١٢)
In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
Abu Hurairah narrated that the Messenger of Allah (saws) said: "A believer's soul remains in suspense (cannot enter Paradise) until all his debts are paid off." (Related by Ahmad, Ibn Majah, and Tirmidhi.)
Al-Tirmidhi Hadith 2929 Narrated by Muhammad ibn Abdullah ibn Jahsh:
The Messenger of Allah (saws) said: By Him in whose hand Muhammad's soul is, if a man were to be killed in Allah's path then come to life, be killed again in Allah's path then come to life, and be killed once more in Allah's path then come to life owing a debt, he would not enter Paradise till his debt was paid."
Sahih Al-Bukhari Hadith 3.585 (Narrated by Abu Huraira):
The Messenger of Allah (saws) said, "Procrastination (delay) in repaying debts by a wealthy person is injustice."
The payment of debt is a right that one has to deliver to the person who gave the debt, and it must be settled. If the person who took the debt dies, then the first thing that will be paid out of his wealth will be the debts, and only after the payment of the debts will his wealth be distributed among his heirs.
If one takes on a debt and tries his best to repay the debt, but dies before settling his debt and has left behind no wealth, Allah Subhanahu will pay the debt on his behalf on the Day of Judgement.
Abu Hurayrah said that the Prophet (saws) said: "If anyone takes other people's money with the intention to repay it and then he or she should die without settling the debt, Allah will pay the debt on his behalf. And if anyone takes money or property (of others) with the intention of destroying it, Allah will destroy him."(Related by Bukhari)
But if one takes on a debt and has no intention or bothers to pay it back, and dies before settling his debt and has left no wealth behind, he will have to settle the debt on the Day of Judgement in the currency of the Hereafter! And the currency of the Hereafter is deeds: thus he will have to pay his good deeds to the person he owed the debt to, and if he does not have enough good deeds to pay, he will take on the evil deeds of the person he owed the debt to, and will be thrown in the Hell Fire as a result!
Sahih Muslim Hadith 6251 (Narrated by Abu Hurayrah):
The Messenger of Allah (saws) said: Do you know who is a muflis? They (the Companions of the Prophet) said: A poor man amongst us is one who has neither dirham with him nor wealth. The Prophet (saws) said: The muflis (ardently poor) of my Ummah would be he who would come on the Day of Resurrection with prayers, and fasts, and Zakat but (he would find himself bankrupt on that day as he would have exhausted his funds of virtues) since he hurled abuses upon others, brought calumny against others, and unlawfully consumed the wealth of others, and shed the blood of others, and beat others, and his virtues would be credited to the account of one (who suffered at his hand). And if his good deeds fall short to clear the account, then the sins of the one who suffered at his hands would be entered in (his account), and he would be thrown in the Hell-Fire.
3.0 DON’T BE DECEIVED BY THIS WORLDLY LIFE
If you think deeply about this transient worldly life, its despicable ornaments, and its ever-changing nature, you will realize its real worth and true meaning. He who trusts it will be deceived, and he who is inclined to it will be doomed. This world is as short as one’s life in it. One’s life starts with a few hours, which are followed by further hours, then days, then months, and then years. Then life comes to an end, and nobody knows about the horrifying matters that await him after his death.
O Man! Are the lives of others after your death an extension of your own life? A man’s life is but a single moment compared with the life of successive generations, and even this present life is nothing but a brief enjoyment. Allah, Exalted be He, says:
يَـٰقَوۡمِ إِنَّمَا هَـٰذِهِ ٱلۡحَيَوٰةُ ٱلدُّنۡيَا مَتَـٰعٌ۬ وَإِنَّ ٱلۡأَخِرَةَ هِىَ دَارُ ٱلۡقَرَارِ (٣٩)
"... Truly, this life of the world is nothing but a (quick passing) enjoyment, and verily, the Hereafter that is the home that will remain forever." Holy Quran Chapter Ghafir 40: 39.
Allah, Exalted be He, also says:
وَٱضۡرِبۡ لَهُم مَّثَلَ ٱلۡحَيَوٰةِ ٱلدُّنۡيَا كَمَآءٍ أَنزَلۡنَـٰهُ مِنَ ٱلسَّمَآءِ فَٱخۡتَلَطَ بِهِۦ نَبَاتُ ٱلۡأَرۡضِ فَأَصۡبَحَ هَشِيمً۬ا تَذۡرُوهُ ٱلرِّيَـٰحُۗ وَكَانَ ٱللَّهُ عَلَىٰ كُلِّ شَىۡءٍ۬ مُّقۡتَدِرًا (٤٥)
"And put forward to them the example of the life of this world; it is like the water (rain) which We send down from the sky, and the vegetation of the earth mingles with it, and becomes fresh and green. But (later) it becomes dry and broken pieces, which the winds scatter. And Allah is Able to do everything." (Holy Quran Chapter Al-Kahf 18: 45)
Allah described to us the period people spend in their graves until the day they are resurrected for judgement. He tells us that this long period will seem to them on the Day of Judgement like an hour. Allah, Exalted be He, says:
وَيَوۡمَ يَحۡشُرُهُمۡ كَأَن لَّمۡ يَلۡبَثُوٓاْ إِلَّا سَاعَةً۬ مِّنَ ٱلنَّہَارِ يَتَعَارَفُونَ بَيۡنَہُمۡۚ قَدۡ خَسِرَ ٱلَّذِينَ كَذَّبُواْ بِلِقَآءِ ٱللَّهِ وَمَا كَانُواْ مُهۡتَدِينَ (٤٥)
"And on the Day when He shall gather (resurrect) them together, (it will be) as if they had not stayed (in the life of this world and graves) but an hour of a day. They will recognize each other.." (Holy Quran Chapter Yunus 10: 45)
Allah, Exalted be He, also says:
وَيَوۡمَ تَقُومُ ٱلسَّاعَةُ يُقۡسِمُ ٱلۡمُجۡرِمُونَ مَا لَبِثُواْ غَيۡرَ سَاعَةٍ۬ۚ كَذَٲلِكَ كَانُواْ يُؤۡفَكُونَ
"And on the Day that the Hour will be established, the criminals (sinners) will swear that they stayed not but an hour – thus were they ever deluded [away from the truth in this life of the world].: (Holy Quran Chapter Ar-Rum 30: 55).
Allah, Exalted be He, also says:
فَٱصۡبِرۡ كَمَا صَبَرَ أُوْلُواْ ٱلۡعَزۡمِ مِنَ ٱلرُّسُلِ وَلَا تَسۡتَعۡجِل لَّهُمۡۚ كَأَنَّہُمۡ يَوۡمَ يَرَوۡنَ مَا يُوعَدُونَ لَمۡ يَلۡبَثُوٓاْ إِلَّا سَاعَةً۬ مِّن نَّہَارِۭۚ بَلَـٰغٌ۬ۚ فَهَلۡ يُهۡلَكُ إِلَّا ٱلۡقَوۡمُ ٱلۡفَـٰسِقُونَ
"Therefore be patient (O Muhammad) as did the Messengers of strong will and be in no haste about them (disbelievers). On the Day when they will see that (torment) with which they are promised (i.e. threatened, it will be) as if they had not stayed more than an hour in a single day. (O mankind! This Qur’an is sufficient as) a clear Message (or proclamation to save yourself from destruction). But shall any be destroyed except the people who are rebellious against Allah’s command, disobedient to Allah).". (Holy Quran Chapter Al-Ahqaf 46: 35).
The Prophet, peace and blessings be upon him, said, “Remember the destroyer of pleasures [i.e. death], for it is not remembered amidst many pleasures but it makes them seem little [by causing one to be less desirous of such pleasures, which will then seem insignificant], and it is not remembered amidst few pleasures but it makes them seem many [by making one content with what one has, however little it may be].” Reported by at-Tirmidhi, an-Nasa’i, and Ibn Hibban; part of the hadith narrated by Abu-Hurairah, may Allah be pleased with him).
The Prophet, peace and blessings be upon him, also said, “Death is sufficient as an admonition.”
Allah says:
وَأَن لَّيۡسَ لِلۡإِنسَـٰنِ إِلَّا مَا سَعَىٰ (٣٩) وَأَنَّ سَعۡيَهُ ۥ سَوۡفَ يُرَىٰ (٤٠) ثُمَّ يُجۡزَٮٰهُ ٱلۡجَزَآءَ ٱلۡأَوۡفَىٰ (٤١) وَأَنَّ إِلَىٰ رَبِّكَ ٱلۡمُنتَہَىٰ (٤٢)
"And that man can have nothing but what he does (good or bad). And that his deeds will be seen. Then he will be recompensed with a full and the best recompense. And that to your Lord (Allah) is the End (Return of everything)." (Holy Quran Chapter An-Najm 53: 39-42).
Therefore, strive to enter Paradise, the eternal abode whose bliss will never end, decrease, or perish. Allah, Exalted be He, says about it:
ٱدۡخُلُوهَا بِسَلَـٰمٍ۬ۖ ذَٲلِكَ يَوۡمُ ٱلۡخُلُودِ (٣٤) لَهُم مَّا يَشَآءُونَ فِيہَا وَلَدَيۡنَا مَزِيدٌ۬
“Enter you therein in peace and security; this is a Day of eternal life!” There they will have all that they desire, and We have more." (Holy Quran Chapter Qaf 50: 34-35)
Allah also says:
مَّثَلُ ٱلۡجَنَّةِ ٱلَّتِى وُعِدَ ٱلۡمُتَّقُونَۖ تَجۡرِى مِن تَحۡتِہَا ٱلۡأَنۡہَـٰرُۖ أُڪُلُهَا دَآٮِٕمٌ۬ وَظِلُّهَاۚ تِلۡكَ عُقۡبَى ٱلَّذِينَ ٱتَّقَواْۖ وَّعُقۡبَى ٱلۡكَـٰفِرِينَ ٱلنَّارُ (٣٥)
"The description of the Paradise which the pious have been promised: Underneath it rivers flow, its provision is eternal and so is its shade; this is the end (final destination) of the pious, and the end of the disbelievers is Fire." (Holy Quran Chapter Ar-Ra‘d 13: 35).
4.0 WHAT DOES IT MEAN TO BE BANKRUPT?
4.1 The Prophet Muhammad (peace be upon him) asked one group of his companions, “Do you know who the bankrupt person is?”
They said, “A bankrupt person amongst us is the one who has neither money nor property.”
The Prophet (Sallalahu Alaihi Wa Salaam) said, “The bankrupt person of my nation is he who would come on the Day of Resurrection with prayer and fast and giving great amounts in charity. And at the same time, he would come having abused this one, and slandered that one, and consumed the wealth of the other unlawfully, and shed the blood of yet others and having beaten others. Then any person whom he has wronged will be given from his good deeds on that Day. And if his good deeds are exhausted until he clears the account concerning all of the people he has oppressed, the sins of those people whom he has wronged will be thrown unto his account and after that, he will be thrown into the hellfire.” (Muslim)
The Messenger of Allah (Sallalahu Alaihi Wa Salaam) in the revolutionary hadith quoted above, redefined the meaning of bankruptcy. On the Day of Judgment, every human being will be weighed by criteria that have nothing to do with finances.
If we have abused another human being with our tongue or our hands, then we are on the road to bankruptcy.
If I’ve committed Gheebah (Backbiting) by mocking or criticizing someone in his absence, or if I’ve lied, or broken promises without cause, then I’m dumping my good deeds down the drain.
If I have stolen someone’s wealth, then I am making myself destitute.
If I have shed someone’s blood without cause, or beaten someone, then I have made myself a penniless wretch.
If I have done all of these things, then it doesn’t matter if I pray and fast and give Sadaqat, I am bankrupt, bankrupt, bankrupt. I am spiritually void. I am given all my good deeds away and replaced them with evil, and I am utterly destitute.
And yes, I have done all of these things at some point in life, so I have much to fear, and I have not avoided bankruptcy at all, even if my wallet is full of money and my bank account is flush.
Things are not always as they seem, brothers and sisters. The eyes of the world deceive us.
Fear the true bankruptcy, the kind that dooms you before Allah! If you want to avoid that bankruptcy, and come before Allah as a rich man or woman, then prayer, fasting and charity are only the start. Abuse no one, backbite no one, insult no one, hurt no one, strike no one. Steal from no one, take advantage of no one.
Instead, be kind, and speak to people gently; be fair in everything, stand up for justice, and tell the truth. Act with love. Let Allah be your guide, and the Messenger of Allah (Sallalahu Alaihi Wa Salaam) your example. Do this and you will be richer than any king or queen of this world.
4.2 EXPLAINATION OF THE HADITH ABOUT WHO IS BANKRUPT IN THE HEREAFTER?
Could you make it clear what is meant by this hadith?: “Verily, the real bankrupt of my Ummah (nation) are those who come on the Day of Resurrection with prayers, fasting, and charity, but also with insults, slander, consuming wealth, shedding blood, and beating others. The oppressed will each be given from his good deeds. If his good deeds run out before justice is fulfilled, then their sins will be cast upon him and he will be thrown into the Hellfire.”
Abu Hurairah (may Allah be pleased with him) narrates: “The Prophet said that:
"Whoever wronged his brother with regard to his honor or any other matter, should seek his forgiveness today, before there are no longer any dinars, or dirhams; and if he has any righteous deeds, they will be taken from him, in accordance with the wrong he did; and if he has no hasanaat, some of the sayyi`aat of his counterpart will be taken and added to his burden.” [Bukhari: Mazalim,10, Riqaq 48; Tirmidhi, Qiyamah 2, (2421)
The hadith encourages Muslims not to be unfair to their Muslim fellows. And it encourages them to seek forgiveness if they have treated them unfairly. The unfairness may be against the spiritual being expressed by the word 'honor'. What is meant by the phrase "any other matter" are the following: giving harm to any kind of his property, injuring him, and even slapping him? In fact, the phrase "any kind of honor and property" is used in Tirmidhi's narration.
This meaning is expressed in a different manner in Muslim’s narration:
“Verily, the bankrupt of my nation are those who come on the Day of Resurrection with prayers, fasting, and charity, but also with insults, slander, consuming wealth, shedding blood, and beating others. The oppressed will each be given from his good deeds. If his good deeds run out before justice is fulfilled, then their sins will be cast upon him and he will be thrown into the Hellfire.”
قُلۡ أَغَيۡرَ ٱللَّهِ أَبۡغِى رَبًّ۬ا وَهُوَ رَبُّ كُلِّ شَىۡءٍ۬ۚ وَلَا تَكۡسِبُ ڪُلُّ نَفۡسٍ إِلَّا عَلَيۡہَاۚ وَلَا تَزِرُ وَازِرَةٌ۬ وِزۡرَ أُخۡرَىٰۚ ثُمَّ إِلَىٰ رَبِّكُم مَّرۡجِعُكُمۡ فَيُنَبِّئُكُم بِمَا كُنتُمۡ فِيهِ تَخۡتَلِفُونَ (١٦٤)
Say: "Shall I seek for (my) Cherisher other than Allah when He is the Cherisher of all things (that exist)?" Every soul draws the meed of its acts on none but itself: no bearer of burdens can bear the burden of another. Your goal in the end is toward Allah: He will tell you the truth of the things wherein ye disputed. (164)
This hadith does not contradict the following verse of the Quran “No bearer of burdens can bear the burden of another.”(Holy Quran Chapter al-Anaam, 6.164)
For, this person has been punished because of what he himself did. This is because his good deeds are deducted, in accordance with the justice of Allah towards His slaves, in proportion of his own misdeeds.
Humaydi wrote the following in Kitabu'l-Muwazana: “People are divided into three categories.”
1) Those whose good deeds surpass their misdeeds.
2) Those whose misdeeds surpass their good deeds.
3) Those whose good deeds are equal to their misdeeds.
The first group will achieve salvation, as stated by the Quran explicitly.
Owing to their misdeeds surpassing their good deeds, the second group will suffer anguish in proportion to the amount of their misdeeds from the time when Israfil blows the Trumpet to the time when the last person leaves Hell.
And the last group is those in Purgatory (somewhere between Heaven and Hell). They will go to Heaven through Allah's mercy.
Abu Hurairah (may Allah be pleased with him) narrates: “The Prophet (Sallalahu Alaihi Wa Salaam) said,
"On the Resurrection Day, the rights will be paid to those to whom they are due so much so that a hornless sheep will be retaliated for by punishing the horned sheep which broke its horns." [Muslim, Birr 6, (2582); Tirmidhi, Qiyamah 2, (2422)]
In order to explain this hadith, Nawawi says: “This hadith is a statement regarding the fact that animals will be also resurrected, and they will be returned just like the people that are obliged to worship (because they are mature enough and healthy mentally), children, insane people and the people who did not receive any notifications about religion. There is evidence regarding the issue in the Quran and in the Sunnah of the Prophet. Allah stated the following in the Quran:
وَإِذَا ٱلۡوُحُوشُ حُشِرَتۡ (٥)
When the wild beasts are herded together (in human habitations); (Holy Quran Chapter At-Takwir, 81.5)
If there is no logical or religious drawback to understanding a word in a verse or hadith in its apparent meaning, it is necessary to understand it as it seems. Islamic scholars say, “On the Day of Judgment, punishment, and rewards are not a requirement for resurrection and gathering. The fact that a hornless sheep will be retaliated for punishing the horned sheep is not retaliation because of being responsible but because of justice.
5.0 HOW TO NEGOTIATE CREDIT OR DEBIT CARD DEBT OF THE DECEASED
What happens to debts after death? In the Western world, credit cards are medium of businesses and exchange while in African countries, many are not at home particularly in rural areas either. There are hundreds of credit cards spread across dozens of credit card issuers. We list These 10 for easy references of debts:
01 Standard "Plain-Vanilla" Credit Cards
02 Balance Transfer Credit Cards
03 Rewards Credit Cards
04 Student Credit Cards
05 Charge Cards
06 Secured Credit Cards
07 Subprime Credit Cards
08 Prepaid Cards
09 Limited Purpose Cards
10 Business Credit Cards
5.1 DEBTS AFTER DEATH
When you die, any debts you have must be repaid from your estate before any other claims on the estate can be met. This is the case whether or not you have made a will.
Your ‘estate’ is all the property, goods and money that you own that are available to be distributed after your death.
If you die and have no estate, then your debts die with you as they cannot be repaid. Your relatives do not have to pay off your debts unless they have provided personal guarantees for those debts. Your creditors can sue your estate for the payment of outstanding debts.
5.2 FAMILY OR SHARED HOME
If you and your spouse or civil partner are joint owners (under joint tenancy) of the family or shared home, your spouse or civil partner becomes the sole owner on your death. If there is a mortgage on the home, then your spouse or civil partner must pay that mortgage but is not required to pay any of your other debts. If you are joint tenants, your home does not form part of your estate.
If you are the sole owner, then your family or shared home does become part of your estate and is available towards paying your debts. The situation is the same if you are joint owners under tenancy in common, that is, the property is owned in defined shares by two people.
5.3 INSURANCE POLICIES
Some insurance policies have a nominated beneficiary. In those cases, the proceeds of the policy go directly to that beneficiary and do not form part of your estate. In other cases, the proceeds of the insurance policy do form part of your estate and are available for the payment of your debts. What happens in any particular case depends on the terms of the policy.
5.4 CREDIT UNION DEPOSITS
If you were a member of a credit union, you would have nominated a person to become entitled to up to certain amount of your savings on your death. This money can pass to the nominated person without going through the usual process for administration of your estate. Monies above that must be administered by your personal representative.
5.5 JOINT BANK ACCOUNTS
If you have a joint bank account with another person or people, the question of whether your share of the account forms part of the estate depends on the intention of the account holders when the account was opened. If it was the intention that the other account holder(s) would inherit your share, then your share does not become part of your estate. If this was not the intention, for example, if the account was in joint names purely for convenience, then your share - which can be the entirely of the account - does become part of your estate.
5.6 CREDIT CARD DEBT, BANK OVERDRAFTS, PERSONAL LOANS
If you have a credit card, bank overdraft or personal loan these are known as unsecured debts. With unsecured debt, the creditor does not have the right to take a particular item of property if the debtor does not pay.
Lenders are entitled to pursue your estate for these unpaid debts on your death. Repayment of unsecured debts must wait until other priority debts are paid – Refer to ‘Rules’. Your family do not have cover your debts unless they have provided personal guarantees. If the loan is in joint names the joint holder will be responsible for any debts.
If your loan is with a credit union it will typically be cleared upon your death through the credit union’s own insurance scheme. Typically this is only offered up to the age of 70, but some credit unions will cover it up to the age of 85 in some western countries.
5.7 OTHER UNSECURED DEBTS
These could include utility bill arrears, nursing home debt or medical bills.
Debts owed are the responsibility of the estate and creditors will usually wait until the estate is settled before they look for payment.
5.8 DUTY OF PERSONAL REPRESENTATIVE
When you die, all your assets are gathered together by your personal representative that is your executor (if you had a will) or administrator (if you die without having made a will). The first duty of the personal representative is to pay your funeral and other expenses and then your debts.
5.9 INSOLVENT ESTATE
Your estate is considered to be insolvent when your assets are insufficient to pay the funeral, testamentary and administration expenses, debts and liabilities of the estate. This is the case whether you had a will or died intestate (without a will).
If you have no assets then payment of debts does not arise.
Whatever assets you do have will be used to pay off your debts in the following order of priority:
1) Funeral, testamentary and administration expenses. Testamentary and administration expenses are the expenses incurred in dealing with your estate
2) Creditors who have security, for example, mortgage providers
3) Preferential debts - these are mainly taxes and social insurance contributions
4) Ordinary debts, for example personal loans or credit cards
There are four classes of creditors in the above priority structure. If, for example, there are enough assets in the estate to pay all of the expenses, secured creditors and preferential debts but not enough to pay all of the ordinary debts, your personal representative can chose which ordinary debt to pay first. However, usually it is advisable to repay a proportionate amount of each debt.
5.10 SOLVENT ESTATE
A solvent estate is one where there are sufficient assets to pay the debts and the funeral and testamentary expenses. Where there are more assets than liabilities your estate is considered solvent. However, if your assets are not sufficient, after paying the debts and expenses, to fulfil all of the wishes in your will, this is where your estate is solvent but not sufficient.
If your estate is solvent, your funeral and other expenses and your debts must be paid first. If you die intestate (without making a will), the rest of your estate is then divided in accordance with the rules on intestacy.
If you have made a will and there is not enough left after paying all of the debts and expenses to give the full gift to everyone, then the gifts are distributed in the following order:
1) Property which you did not deal with in the will (that is, property which would be distributed in accordance with the rules on intestacy)
2) The residue - this is the amount left over when specific gifts are dealt with
3) Property specifically devoted for the payment of debts
4) Property charged with the payment of debts
5) Pecuniary legacies - these are gifts of money as distinct from property or goods
6) Other gifts
When making your will, you can specify a different order for the payment of your debts.
Reminder - Hadith on Dunya: The Prophet in the world, not of the world
Anas reported: The Messenger of Allah, peace and blessings be upon him, said, “I am not of the world and it is not of me. Verily, I have been sent and the Hour is not far behind.” Source: Tārīkh Dimashq 7435 (Grade: Sahih (authentic) according to Al-Suyuti).
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
6.0 SERIOUSNESS OF DEBT
Question
I am working to help my husband for our living, as his salary is not sufficient for our basic needs and education of our kids. I have borrowed some money from different people to settle our other debts. Alhamdulillah, I can say that ALLAH tests our faith in terms of “money”. One day, I was listening to a lecture about severe punishment for a Muslim who has not settled his debts and he also mentioned that during the time of Prophet Muhammad (peace and blessing be upon him), he never prayed to the deceased person who has not settled his debts. The lecturer mentioned a dua but I was not able to write it down. Can you please tell me what are punishments in the grave and dua to help me settle my debts.
Answer
Praise be to Allah.
Firstly:
The fuqaha’ define dayn (debt) as an obligation to be fulfilled, as it says in al-Mawsoo’ah al-Fiqhiyyah (21/102). The linguistic meaning of the word dayn (debt) in Arabic has to do with submission and humiliation. The connection between the shar’i meaning and the linguistic meaning is clear. The debtor is a prisoner, as the Prophet (peace and blessings of Allaah be upon him) said: “Your companion is being detained by his debt.” Narrated by Abu Dawood, 3341; classed as hasan by al-Albaani in Saheeh Abi Dawood.
Secondly
Islam takes the matter of debt very seriously and warns against it and urges the Muslim to avoid it as much as possible.
It was narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) used to say in his prayer: “Allaahumma inni a’oodhi bika min al-ma’tham wa’l-maghram (O Allaah, I seek refuge with You from sin and heavy debt).” Someone said to him: “How often you seek refuge from heavy debt!” He said: “When a man gets into debt, he speak and tells lies, and he makes a promise and breaks it.” Narrated by al-Bukhaari (832) and Muslim (589).
Al-Nasaa’i (4605) narrated that Muhammad ibn Jahsh (may Allaah be pleased with him) said:
We were sitting with the Messenger of Allaah (peace and blessings of Allaah be upon him) when he raised his head towards the sky, then he put his palm on his forehead and said: “Subhaan-Allaah! What a strict issue has been revealed to me!” We remained silent and were afraid. The following morning I asked him, “O Messenger of Allaah, what is this strict issue that has been revealed?” He said, “By the One in Whose hand is my soul, if a man were killed in battle for the sake of Allaah, then brought back to life, then killed and brought back to life again, then killed, and he owed a debt, he would not enter Paradise until his debt was paid off.” Classed as hasan by al-Albaani in Saheeh al-Nasaa’i, 4367.
The Prophet (peace and blessings of Allaah be upon him) refrained from offering the funeral prayer for one who had died owing two dinars, until Abu Qataadah (may Allaah be pleased with him) promised to pay it off for him. When he saw him the following day and said, I have paid it off, the Prophet (peace and blessings of Allaah be upon him) said: “Now his skin has become cool for him.” Musnad Ahmad (3/629); classed as hasan by al-Nawawi in al-Khalaasah (2/931) and by Ibn Muflih in al-Adaab al-Shar’iyyah (1/104).
Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said in Fath al-Baari (4/547):
This hadeeth indicates how difficult the issue of debt is, and that it should not be undertaken except in cases of necessity. End quote.
It was narrated from Thawbaan (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Whoever dies free from three things – arrogance, cheating and debt – will enter Paradise.”
Narrated by al-Tirmidhi (1572); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
It was narrated that Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“The soul of the believer is suspended because of his debt until it is paid off.” Narrated by al-Tirmidhi (1078).
Al-Mubaarakfoori said in Tuhfat al-Ahwadhi (4/164):
The words “the soul of the believer is suspended” – al-Suyooti said: i.e., it is detained and kept from reaching its noble destination. Al-‘Iraaqi said: i.e., no judgement is passed as to whether it will be saved or doomed until it is determined whether his debt will be paid off or not. End quote.
It was also narrated that many of the salaf warned against debt:
It was narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said:
Beware of debt, for it starts with worry and it ends with war. Narrated by Maalik in al-Muwatta’ (2/770).
In Musannaf ‘Abd al-Razzaaq (3/57) it says:
Ibn ‘Umar (may Allaah be pleased with him) said:
O Humraan, fear Allaah and do not die in debt, lest it be taken from your good deeds when there will be no dinars and no dirhams.
Thirdly:
These stern warnings about debt only came because of the negative consequences to which it leads both on an individual level and on a community level.
With regard to the personal level, al-Qurtubi said in al-Jaami’ li Ahkaam al-Qur’aan (3/417):
Our scholars said: It is a disgrace and a humiliation because it preoccupies the mind and makes one worried about paying it off, and makes one feel humiliated before the lender when meeting him, and feeling that he is doing one a favour when accepting a delay in payment. Perhaps he may promise himself that he will pay it off then break that promise, or speak to the lender and lie to him, or swear an oath to him then break it, and so on. Moreover, he may die without having paid off the debt so he will be held hostage because of it, as the Prophet (peace and blessings of Allaah be upon him) said: “The soul of the believer is held hostage by his debt in his grave until it is paid off.” Narrated by al-Tirmidhi, 1078. All of that undermines one’s religious commitment.
With regard to the community level, specialists have described the negative consequences and the danger it poses to the economy, for example:
1-Desire for immediate gratification with no thought of the future
2-Lack of responsibility and self-reliance
3-Poor distribution of wealth
In order to understand these negative consequences better, please see the study by Shaykh Saami al-Suwaylim entitled Mawqif al-Sharee’ah al-Islamiyyah min al-Dayn (6-11).
Fourthly:
Based on the above, the scholars have stipulated three conditions for debt to be permissible:
1-The borrower should be determined to repay it.
2-It should be known or thought most likely that he is able to repay it,
3-It should be for something that is permissible according to sharee’ah.
Ibn ‘Abd al-Barr said in al-Tamheed (23/238):
The debt for which a person will be kept out of Paradise – and Allaah knows best – is that for which he left behind enough to pay it off but he did not leave instructions to that effect, or he was able to pay it off but did not do so, or he took the loan for some unlawful or extravagant matter and died without having paid it off.
As for the one who took a loan for something lawful because he was poor, and he died without leaving behind anything to pay it off, Allaah will not keep him from Paradise because of it, in sha Allaah. End quote.
Fifthly:
So long as you have taken on a debt so that you can fulfil the duty of helping your husband and family to pay for living expenses, you will be rewarded by Allaah for this good deed. I ask Allaah to reward you greatly for that. Remember that He will help you to pay off this debt. The Prophet (peace and blessings of Allaah be upon him) said: “The one who takes people’s wealth intending to pay it back, Allaah will pay it back for him, and the one who takes it intending to destroy it, Allaah will destroy him.” Narrated by al-Bukhaari (2387).
Seek help with that by working and striving hard to pay off the debt, and by putting your trust in Allaah, and praying to Him to make it easy for you to pay off your debt.
In the Sunnah there are a number of du’aa’s which specifically seek the help of Allaah in praying off debts. They are:
1 – It was narrated that Suhayl said: Abu Saalih used to tell us, when one of us wanted to sleep, to lie down on his right side and say:
“Allaahumma Rabb Al-Samawaati Wa’l-Ard Wa Rabb Al-‘Arsh Il-‘Azeem, Rabbaanaa Wa Rabba Kulli Shay’in, Faaliq Al-Habb Wa’l-Nawa Wa Munzil Al-Tawraati Wa’l-Injeeli Wa’l-Furqaan, A’oodhu Bika Min Sharri Kulli Shay’in Anta Aakhidhun Bi Naasiyatihi. Allaahumma Anta Al-Awwal Fa Laysa Qablaka Shay’un, Wa Anta Al-Aakhir Fa Laysa Ba’daka Shay’un, Wa Anta Al-Zaahir Fa Laysa Fawqaka Shay’un Wa Anta Al-Baatin Fa Laysa Doonaka Shay’un. Iqdi ‘Annaa Al-Dayna Wa Aghninaa Min Al-Faqri
(O Allaah, Lord of the seven heavens and the exalted Throne, our Lord and Lord of all things, splitter of the seed and the date-stone, Revealer of the Tawraat and the Injeel and the Furqaan [Qur’aan], I seek refuge in You from the evil of all things You shall seize by the forelock [have total mastery over]. O Allaah, You are the First so there is nothing before You, and You are the Last so there is nothing after You. You are al-Zaahir [the greatest and highest] so there is nothing above You, and You are al-Baatin [aware of the subtlest secrets] so there is nothing closer than You. Settle our debt for us and spare us from poverty).”
He narrated that from Abu Hurayrah, from the Prophet (peace and blessings of Allaah be upon him). Narrated by Muslim (2713).
2 – It was narrated from ‘Ali (may Allaah be pleased with him) that a mukaatib (slave who had entered into a contract of manumission) came to him and said: “I am unable to pay off my manumission; help me.” He said: “Shall I not tell you some words which the Messenger of Allaah (peace and blessings of Allaah be upon him) taught me? And if you have debt like the mountain of Seer, Allaah will pay it off for you. He said: ‘Say: Allaahumma akfini bi halaalika ‘an haraamika wa aghnini bi fadlika ‘amman siwaaka (O Allaah, suffice me with what You have permitted so that that I have no need of that which You have forbidden, and make me independent of means by Your bounty so that I have no need of anyone besides You).’”
Narrated by al-Tirmidhi (2563) who said: This is a hasan ghareeb hadeeth. It was also classed as hasan by al-Albaani in Saheeh al-Tirmidhi.
3 – It was narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said:
The Messenger of Allaah (peace and blessings of Allaah be upon him) entered the mosque and saw an Ansaari man whose name was Abu Umaamah. He said: “O Abu Umaamah, why do I see you sitting in the mosque when it is not the time for prayer? He said: Worries and debts, O Messenger of Allaah. He said: “Shall I not teach you some words which, if you say them, Allaah will take away your worries and pay off your debts?” He said: Yes, O Messenger of Allaah. He said:
“Say, morning and evening, ‘“Allaahumma inni a’oodhu bika min al-hammi wa’l-hazani, wa a’oodhi bika min al-‘ajzi wa’l-kasali, wa a’oodhu bika min al-jubni wa’l-bukhli, wa a’oodhi bika min ghalabat il-dayn wa qahri al-rijaal (O Allaah, I seek refuge with You from worry and grief, and I seek refuge with You from incapacity and laziness, and I seek refuge with You from cowardice and miserliness, and I seek refuge with You from being heavily indebt and from being overcome by men).”
He said; I did that, and Allaah took away my worry and paid off my debt.
Narrated by Abu Dawood (1555). Its isnaad includes Ghassaan ibn ‘Awf; al-Dhahabi said: he is not strong. Hence Shaykh al-Albaani classed the hadeeth as weak in Da’eef Abi Dawood. But the du’aa’ mentioned – “Allaahumma inni a’oodhu bika min al-hammi wa’l-hazani…” – is proven in al-Saheehayn in a report other than this story of Abu Umaamah.
And Allaah knows best.
Source: Islam Q&A, 71183
7.0 HE DIED AND LEFT DEBTS BEHIND, AND SOME OF HIS HEIRS REFUSE TO PAY THEM OFF
Question
A man died owing money to the bank, as well as taxes and debts to some individuals, but he had wealth and real estate. He left behind two wives and three sons, one of whom is a half-brother, and two daughters. How should the estate be distributed? Who should take on responsibility for paying off the debt? What is to be done if one of the heirs refuses to pay it off or take responsibility for the debt?
Answer
Praise be to Allah.
If a person dies and leaves behind wealth, then what his heirs must do is to begin by preparing him for burial and shrouding him, paying the costs thereof from the estate, then after that they must pay any outstanding debts from the estate, then fulfil any bequests from one third of the estate, if the deceased left any instructions to that effect. All of that must be done before dividing the estate among those heirs who are entitled to a share. The evidence for that is the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“Allah commands you as regards your children’s (inheritance); to the male, a portion equal to that of two females; ... (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts”[Quran Chapter an-Nisa’ 4:11].
Based on the above, what the heirs must do is hasten to discharge the outstanding obligations of their father by paying off the debts from the estate before it is divided. The scholars (may Allah have mercy on them) even stated that carrying out bequests and paying off debts may be done before the burial, because of the serious nature of debt. If it is not possible to pay off the debts immediately, because there is no ready cash or because the wealth is far away, then it is recommended for the heirs to accept responsibility for the dues of others on behalf of their father, because if they delay or refuse to pay off his debts, they are sinning by denying that right or delaying payment thereof, so long as the deceased left behind enough wealth to pay off the debt.
Al-Bahooti (may Allah have mercy on him) said:
It is obligatory to hasten to pay off his debts and any other obligations he owed, such as offering expiation, performing Hajj in fulfilment of a vow and so on, or such as zakaah, returning wealth that had been entrusted to him, returning property seized by force, and returning borrowed items, because of the report narrated by ash-Shafaa‘i, Ahmad and at-Tirmidhi – who classed it as hasan – from Abu Hurayrah, and attributed to the Prophet (blessings and peace of Allah be upon him): “The soul of the believer is held back by his debt until it is paid off on his behalf… All of that – i.e., paying off debts and fulfilling obligations, and distributing any bequests – should be done before offering the funeral prayer for him, because no one has any authority over his estate except after he has died and has been prepared for burial. In ar-Ri‘aayah it says that that should be done before washing him, and in al-Mustaw‘ab it says that it should be before he is buried. That is supported by what the authors said: What was done in the early days of Islam is that the Prophet (blessings and peace of Allah be upon him) would not offer the funeral prayer for one who owed a debt, and he would say: “Pray for your companion.” It also says in al-Khasaa’is: If it is not possible to pay his debt immediately, because the wealth is not available and so on, then it is recommended for his heir or for others to take responsibility for paying it on his behalf, for the sake of Allah, by offering to guarantee it or to give something as a pledge, because doing that is taking measures to discharge his obligations. Otherwise, the heir is not free of obligation before it is paid off, as we shall see below. End quote.
Al-Hijaawi (may Allah have mercy on him) said: His bequests must be executed and haste must be made to pay off his debts.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
With regard to carrying out his final instructions (bequests), that is mentioned after preparation for burial; that is, haste should be made to carry out his final instructions, because carrying out bequests is obligatory, but hastening to do so is either obligatory or recommended, because if the final instructions have to do with something that is obligatory, then haste must be made to discharge his obligation, and if they have to do with something that is voluntary, then that is hastening the reward for him. And a bequest or final instructions can only be either obligatory or voluntary.
The scholars said: So his final instructions or bequests should be carried out before he is buried. Subhaan Allah, if you see these words, and you see what some of the unjust heirs do, who delay paying off debt on behalf of the deceased in order to serve their own interests, so you may see that the deceased owed debts and he left behind property, but they say: We will not sell it; rather we will pay off the debt from the rents, even if that is ten years later. Or they say: The market for land is stagnant at present, so we will wait until it rises in value. But it may rise in value or it may fall in value. This is wrongdoing – Allah forbid. Perhaps those who do this are the children of the deceased, in which case this is a kind of disobedience and defiance towards parents as is obvious to anyone, because the deceased will be affected by the debt that he still owes.
If the final instructions were to do something that is obligatory, then haste must be made to do it; if it is the matter of something that is voluntary, it is Sunnah to hasten. But hastening is required, whether the instructions have to do with something obligatory or something that is mustahabb, before the funeral prayer is offered and the deceased is buried. This is the Sunnah.
The words it is “obligatory to hasten to pay off his debt” refer to the debt of the deceased, whether it is something that he owes to Allah or to other people.
Debts owed to Allah include: zakaah, expiation (kafaarah), fulfilment of vows (nudhoor), and so on.
Debts owed to people include loans, the price of items purchased, rent, liability for damage caused, and other rights that are owed to people. In that case it is obligatory to hasten to settle the matter as soon as possible, and delaying it is haraam.
The evidence for that is both textual and rational.
With regard to textual evidence: the Prophet (blessings and peace of Allah be upon him) said: “The soul of the believer is held back by his debt until it is paid off on his behalf.” There is some weakness in this hadith, but it is supported by the hadith of Abu Qataadah about the man who was brought to the Messenger (blessings and peace of Allah be upon him) who asked: “Does he owe any debt?” They said: Yes, two dinars. So he (the Prophet (blessings and peace of Allah be upon him)) stepped back and did not offer the funeral prayer for him, then Abu Qataadah said: I will pay the two dinars, O Messenger of Allah. He said: Are you paying the due of the creditor in order to absolve the deceased? He said: Yes. So he went forward and offered the (funeral) prayer.
With regard to rational evidence: that is because in principle what is required is to hasten to do it, and it is not permissible to delay obligatory deeds unless there is a valid reason for doing so.
End quote from ash-Sharh al-Mumti‘ (5/260)
Shaykh Muhammad al-Mukhtaar ash-Shinqeeti (may Allah preserve him) said:
Hence the heirs are sinning by delaying payment of the debts. If the father or relative died, and left behind wealth or left behind a house, and he owed a debt, then the heirs must sell the house in order to pay off his debt, and they should rent (their accommodation) or move somewhere else. As for leaving the debt without discharging the obligation, when he had left behind some wealth with which the debt could be paid off, this is injustice towards the deceased, and if that has to do with parents then the matter is even more serious. It is narrated in a report from the Prophet (blessings and peace of Allah be upon him) that the soul of the believer is held back by his debt. One of the scholars said: If a person owes a debt, then bliss will be withheld from him until his debt is paid off. Therefore he said: “The soul of the believer is held in pledge for his debt.” According to another version: “[It] is held back by his debt.” What is meant is that it is held back from bliss until his debt is paid off.
This is supported by the hadith of Abu Qataadah (may Allah be pleased with him) that is narrated in as-Saheeh: When a man was brought to the Messenger of Allah (blessings and peace of Allah be upon him), he (blessings and peace of Allah be upon him) said: “Did he leave behind any debt?”
They said Two dinars:
He said: Did he leave behind anything to pay it off?
They said: No.
He said: “Pray for your companion (i.e., the funeral prayer).”
Abu Qataadah said: I will take responsibility for (the two dinars), O Messenger of Allah. So the Prophet (blessings and peace of Allah be upon him) offered the funeral prayer for him. Abu Qataadah said: Every time he met me, he asked me: “Have you paid it off on his behalf?” And I would say: Not yet.
(That went on) until he met me one day and said: “Have you paid it off on his behalf?”
I said: Yes.
He said: “Now his skin is cooled off.”
This is indicative of the seriousness of the matter of debt, and that haste should be made to pay off debts, especially the debts of parents, because in that case the matter is more serious.
And Allah knows best.
End quote from Sharh az-Zaad.
Secondly:
After paying off the debts of the deceased, the estate is to be shared among his heirs as follows:
The two wives get one eighth, because there are descendants who inherit. That is to be divided equally between them. This is according to scholarly consensus.
See: al-Mughni by Ibn Qudaamah (6/171)
Then the remainder of the estate is to be divided among the children of the deceased, with each male getting the share of two females, and it is the same for both full siblings and half siblings through the father; all are equally entitled to their share of the father’s estate. Allah, may He be exalted, says (interpretation of the meaning): “Allah commands you as regards your childrens (inheritance); to the male, a portion equal to that of two females” [an-Nisa’ 4:11].
If some of the heirs refuse to pay off the debt, their share of the estate should be withheld until the debt of the deceased is paid off, and they should not be allowed to dispose of it.
The ones to whom the debt is owed should take them to court for that, and the heirs should be prevented from disposing of the estate until the creditors have received what they are owed.
And Allah knows best.
Source: Islam Q&A, 200127
REFERENCES
https://questionsonislam.com/question/could-you-explain-hadith-about-who-bankrupt-hereafter-what-meant-hadith-%E2%80%9Cverily-real
http://islamicsunrays.com/tag/hadith-about-being-bankrupt/
https://www.salafisounds.com/a-warning-from-being-deceived-by-the-life-of-the-world-khutbah-by-abu-khadeejah/
http://www.islamhelpline.net/answer/745/settlements-of-debts-after-death-punishment
https://pocketsense.com/negotiate-credit-card-debt-deceased-12111893.html
https://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/debts_after_death.html
Islam Q&A, 200127
Islam Q&A, 71183
