سنن ابن ماجه
Ibn Majah
كتاب الصدقاتThe Chapters on Charity
بَابُ : مَنْ تَرَكَ دَيْنًا أَوْ ضَيَاعًا فَعَلَى اللَّهِ وَعَلَى رَسُولِهِChapter: If A Man Leaves Behind A Debt Or Children, Then Allah (SWT) And His Messenger Are Respon
Hadith 2415
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ عَمْرِو بْنِ السَّرْحِ الْمِصْرِيُّ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ ، عَنْ ابْنِ شِهَابٍ ، عَنْ أَبِي سَلَمَةَ ، عَنْ أَبِي هُرَيْرَةَ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَانَ يَقُولُ إِذَا تُوُفِّيَ الْمُؤْمِنُ فِي عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَعَلَيْهِ الدَّيْنُ فَيَسْأَلُ : " هَلْ تَرَكَ لِدَيْنِهِ مِنْ قَضَاءٍ ؟ " ، فَإِنْ قَالُوا : نَعَمْ ، صَلَّى عَلَيْهِ . وَإِنْ قَالُوا : لَا ، قَالَ : " صَلُّوا عَلَى صَاحِبِكُمْ " فَلَمَّا فَتَحَ اللَّهُ عَلَى رَسُولِهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْفُتُوحَ قَالَ : " أَنَا أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنْفُسِهِمْ فَمَنْ تُوُفِّيَ وَعَلَيْهِ دَيْنٌ فَعَلَيَّ قَضَاؤُهُ ، وَمَنْ تَرَكَ مَالًا فَهُوَ لِوَرَثَتِهِ " .
´It was narrated from Abu Hurairah that:` if a believer died at the time of the Messenger of Allah (ﷺ) and he had debts, the Messenger of Allah (ﷺ) would ask: “Did he leave anything with which to off his debt?” If they said yes, then he would offer the funeral prayer for him, but if they said no, then he would say: “Pray for your companion.” When Allah granted his Prophet (ﷺ) the conquests, he said: “I am nearer to the believers than their own selves. Whoever dies owing a debt, I will pay it off for him, and whoever leaves behind wealth, it will be for his heirs.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The fact that the Prophet (sallallahu alayhi wa sallam) did not perform the funeral prayer for a person in debt was for the purpose of admonition.
➋ The Islamic government should provide financial assistance to those indebted individuals who are unable to repay their debts.
➌ If a person dies in debt and his heirs are destitute and unable to pay, it is the duty of the Islamic government to pay the creditors from the public treasury (Bayt al-Mal).
➍ The care of the destitute, orphans, and those unable to work is the responsibility of the Islamic government.
➎ For further benefits, see Hadith: 2407.
➊ The fact that the Prophet (sallallahu alayhi wa sallam) did not perform the funeral prayer for a person in debt was for the purpose of admonition.
➋ The Islamic government should provide financial assistance to those indebted individuals who are unable to repay their debts.
➌ If a person dies in debt and his heirs are destitute and unable to pay, it is the duty of the Islamic government to pay the creditors from the public treasury (Bayt al-Mal).
➍ The care of the destitute, orphans, and those unable to work is the responsibility of the Islamic government.
➎ For further benefits, see Hadith: 2407.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2415
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: This hadith establishes that the matter of debt is very serious. A person should not be negligent or lazy in the repayment of debt. If, due to some necessity or compulsion, there arises a need to take a loan, then one should strive to repay it, because one never knows when the message of death may arrive. And if someone, due to his poverty and destitution, is unable to repay his debt, then the government should arrange for its payment, or at the very least, his heirs should accept this responsibility. According to the Malikis and Shafi'is, the government can arrange for this from the category of zakat as well, while according to the Hanafis and Hanbalis, repayment from zakat is not permissible. However, according to Allamah Taqi, the reasoning of the Hanbalis and Hanafis is based on "lam tamlik"—that is, in ﴿لِلْفُقَرَاءِ وَالْمَسَاكِينِ﴾ ("for the poor and the needy"), the "lam" is for possession, meaning it should be given into their ownership, whereas in ﴿فِي الرِّقَابِ وَالْغَارِمِينَ﴾ ("for freeing slaves and for those in debt"), there is no "lam." Therefore, in the case of prayer (for the indebted), the condition of transfer of ownership (tamlik) for the expenditure of zakat funds is not required.
This means that zakat can be spent for the freeing of necks (slaves) and for those who have incurred fines, so here the question of transfer of ownership does not arise. It is said that the property of a deceased cannot be transferred into ownership, therefore, on his behalf, debt cannot be paid from the category of zakat. Furthermore, when the Imam (government) has collected the zakat, it has come into his ownership, so there is no need for new ownership.
(Takmila, vol. 2, p. 45)
This means that zakat can be spent for the freeing of necks (slaves) and for those who have incurred fines, so here the question of transfer of ownership does not arise. It is said that the property of a deceased cannot be transferred into ownership, therefore, on his behalf, debt cannot be paid from the category of zakat. Furthermore, when the Imam (government) has collected the zakat, it has come into his ownership, so there is no need for new ownership.
(Takmila, vol. 2, p. 45)
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4157
