Nasai

1962. Commentary:
➊ In the beginning, it was your (the Prophet’s sallallahu alayhi wa sallam) practice that if a deceased person who was in debt passed away without leaving behind any wealth for repayment, you would not perform his funeral prayer. However, if someone sincerely intended to repay the debt but was unable to do so, then such a compelled person is not sinful in the sight of Allah ta’ala. Later, when there was abundance in the public treasury (bayt al-mal), you (the Prophet sallallahu alayhi wa sallam) would perform the funeral prayer and have the debt paid from the bayt al-mal. This is supported by this hadith: «فمن توفي من المؤمنین فترک دینا فعلي قضاوہ ، ومن ترک مالا فلورئتہ» (Sahih al-Bukhari, al-Kafalah, Hadith: 2398, and Sahih Muslim, al-Fara’id, Hadith: 1619). In any case, the funeral prayer should certainly be performed for every sinful deceased person.

➋ If the deceased has debts or other obligations, someone else can take responsibility for them and accept the obligation; this is not impermissible, as some people think.

Benefits and Issues:
➊ It is permissible for the imam to refuse to perform the funeral prayer (janazah) for someone who has committed a major sin (kabirah) in order to admonish others. However, in the present circumstances, this action should only be undertaken by a great scholar whose influence is recognized among the public. Ordinary mosque imams do not have such a position that their refusal to perform the funeral prayer would have a positive effect on the people; rather, there is a greater likelihood of negative consequences. Nevertheless, they should certainly admonish in another appropriate manner.

➋ One should not bury a person who has committed a major sin (kabirah) without the funeral prayer (janazah).

➌ It is correct to assume the responsibility of fulfilling the deceased’s obligations on their behalf; in fact, this is a favor upon the deceased and their heirs.

(1) In the beginning, your practice was that if the deceased had a debt and there was not enough wealth in his estate to cover it, you yourself would not lead the funeral prayer; you would instruct the noble Companions (radi Allahu anhum) to perform it. Then, when there was abundance in the public treasury (bayt al-mal), you announced that whoever dies indebted, his debt will be paid by the government. Thus, this matter is also included in the responsibilities of the government.

(2) According to the majority of scholars, guaranteeing the debt of the deceased is valid. The guarantor cannot later retract, nor can he recover the amount from the wealth of the deceased. Imam Abu Hanifah (rahimahullah) does not consider guaranteeing on behalf of the deceased to be permissible if he has not left behind any wealth, although if a person, with the intention of reward, takes on the responsibility of paying the deceased’s debt, then what objection can there be to this?