Q 2: If a deceased debtor has a brother or some relative who wants to pay back his debts, but he has no money available at the present time, will the debt of the deceased be waived if a relative borrows money to repay the debt on his behalf? Is the responsibility of the deceased discharged in this case? Please answer us!

A: If a person undertakes to pay back the debts of the deceased, whether he (Part No. 7; Page No. 221) has enough money to do so or borrows this sum and pays it to the creditors, this discharges the responsibility of the indebted deceased and his burden is lifted from him. To put it in plain words, his responsibility is only discharged when the rights due on him are paid back to those who are entitled. This is clearly understood from the Hadith narrated by Jabir (may Allah be pleased with him): A man died and we washed him, perfumed him, shrouded him, and then brought him to the Messenger of Allah (peace be upon him) asking, 'Would you offer Janazah (Funeral) Prayer over him?' He (peace be upon him) walked some steps and then asked, 'Is there any debt due from him?' We replied, 'Yes, two Dinars.' The Prophet (peace be upon him) left. Abu Qatadah then undertook to pay them back. Coming back to the Prophet (peace be upon him), Abu Qatadah said, 'The two Dinars are my responsibility (on his behalf).' The Messenger of Allah (peace be upon him) asked, 'Will the right of creditor be taken care of and the deceased be absolved from them?' Abu Qatadah replied in the affirmative. Consequently, the Prophet (peace be upon him) led them in offering Janazah Prayer over him. The following day the Prophet (peace be upon him) asked, 'Have the two Dinars been repaid?' Abu Qatadah replied, 'He only died yesterday!' The next day Abu Qatadah came to the Prophet (peace be upon him) and said, 'I have repaid them.' The Messenger of Allah (peace be upon him) said, 'It is now that his skin has cooled.' (Related by Imam Ahmad in his Musnad, vol. 3 p. 330; Abu Dawud and Al-Nasa'y related a similar Hadith) (Part No. 7; Page No. 222) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.