Back to search
The question

How can debts owed by a deceased person be proven in the absence of evidence, and are the heirs sinful if they disregard claims related to these debts?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The heirs are not obligated to pay a debt on behalf of the deceased unless there is clear evidence, such as the testimony of two witnesses or a document in the deceased's handwriting. Some jurists stipulate that the claimant must take an oath before the judge.

However, if an heir is reasonably certain of the claimant's truthfulness, they should give them a portion of the debt commensurate with their share of the inheritance. If they do not trust the claimant's statement, they are not obligated to give anything. So, if the wife is reasonably certain of the claimants' truthfulness, she should give them from her share proportionally. If the heirs are not reasonably certain of the claimants' truthfulness, they are not obligated to give anything, especially if there is an indication that the deceased was a lender, not a borrower.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
19072
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy