A debt is not annulled by the indebted lacking financial resources or by the death of the creditor
18-7-2011 | IslamWeb
Question:
How should I settle a debt after the death of the creditor, who, may Allaah have mercy upon him, knew that the debtor could not pay him back earlier?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu 'alyhi wa sallam, is His slave and Messenger.
The one who is liable for a debt is required to settle it when it becomes due, if it was deferred. If the creditor dies, the debt must be settled for the benefit of his heirs, because it becomes a trust. Allaah The Almighty Says (what means): {Then let him who is entrusted discharge his trust [faithfully] and let him fear Allaah, his Lord.} [Quran 2:283]
Although the creditor knew that the debtor could not settle the debt, this does not absolve the debtor of clearing his liability by settling the debt whenever he is capable of doing so, because the Prophet, sallallaahu ‘alayhi wa sallam, said: “It is not lawful to take anything of the property of his Muslim brother unless he gives it willingly.” [Ahmad]