Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): The importance in having one’s final will
Sayyiduna Abdullah Ibn Umar radiyallahu anhu reported that Rasulullah (sallallahu alayhi wa sallam) said: “It is not permissible for a Muslim who possesses anything to bequeath, to let two nights pass without having a will written and kept ready with him.” [Sahih Bukhari]
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Question and Answer:
- If there are debts in an estate, can family members use their own Zakaat money to pay off the debts in the estate?
(Question published as received)
- The debts of the deceased must be paid out from the deceased’s estate even if the debt encompasses the entire estate. If the entire estate is used in paying the debts of the deceased and there still remains unpaid debts, Zakaat funds cannot be used to settle the debts of the deceased. This is because Zakaat funds cannot be used for the deceased. Zakaat funds can only be used for Zakaat recipients who are alive.
If however, the family is willing to settle the debts of the deceased, they may do so by using Lillah funds.
And Allah Ta’ala Knows Best
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
