صحيح مسلم
Muslim
كتاب الفرائضThe Book of the Rules of Inheritance
باب مَنْ تَرَكَ مَالاً فَلِوَرَثَتِهِ:Chapter: Whoever Leaves Behind Wealth, It Is For His Heirs
وحَدَّثَنِي زُهَيْرُ بْنُ حَرْبٍ ، حَدَّثَنَا أَبُو صَفْوَانَ الْأُمَوِيُّ ، عَنْ يُونُسَ الْأَيْلِيِّ . ح وحَدَّثَنِي حَرْمَلَةُ بْنُ يَحْيَى وَاللَّفْظُ لَهُ ، قَالَ : أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ ، أَخْبَرَنِي يُونُسُ ، عَنْ ابْنِ شِهَابٍ ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ ، عَنْ أَبِي هُرَيْرَةَ " أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، كَانَ يُؤْتَى بِالرَّجُلِ الْمَيِّتِ عَلَيْهِ الدَّيْنُ ، فَيَسْأَلُ : هَلْ تَرَكَ لِدَيْنِهِ مِنْ قَضَاءٍ ؟ فَإِنْ حُدِّثَ أَنَّهُ تَرَكَ وَفَاءً صَلَّى عَلَيْهِ وَإِلَّا ، قَالَ : صَلُّوا عَلَى صَاحِبِكُمْ ، فَلَمَّا فَتَحَ اللَّهُ عَلَيْهِ الْفُتُوحَ ، قَالَ : أَنَا أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنْفُسِهِمْ ، فَمَنْ تُوُفِّيَ وَعَلَيْهِ دَيْنٌ ، فَعَلَيَّ قَضَاؤُهُ وَمَنْ تَرَكَ مَالًا ، فَهُوَ لِوَرَثَتِهِ " ،
Abu Hurairah (RA) reported that when the body of a dead person having burden of debt upon him was brought to Allah's Messenger (ﷺ) he would ask whether he had left property enough to clear off his debt, and if the property left had been sufficient for that (purpose), he observed funeral prayer for him, otherwise he said (to his companions): You observe prayer for your companion. But when Allah opened the gateways of victory for him, he said: I am nearer to the believers than themselves, so if anyone dies leaving a debt, its payment is my responsibility, and if anyone leaves a property, it goes to his heirs.
Related hadith on this topic
Explanation & Benefits
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
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
