Question Summary:
If My father closes his business and does not pay the loans/debts which he took and inform everyone that he lost everything, as a son, am I obliged to pay off his loans/debts? Question Detail:
My father is a business man. Few years back, a person cheated him and he incurred heavy loss. After that, there was no business and in order to run the existing business and get new business and to cover our educational/family expenses, he took loans from relatives, banks and various financial institutions with an intention to pay it back soon. But, he faced more losses again and he sold our house to pay off part of the debts. He still has loans/debts which he is trying very hard to pay off. He has paid so much of interest till today, for the loans he has taken. He regrets for it and prays Allah day and night and works very hard to pay off his debts soon. He has gone old and gets tired soon. He is running the business just to pay off his debts. He does not have money or property which he can use to pay off his debts and close his business.
If he closes his business and does not pay the loans/debts which he took and inform everyone that he lost everything in business and has nothing to pay back, will he be questioned by the Almighty Allah for not paying it off? I'm married and work in an MNC. As a son, am I obliged to pay off his loans/debts?
Answer :
Assalāmu `alaikum Warahmatullāhi Wabrakatuh,
Shariah has emphasized on paying ones debts. Consider the following Ahadith;
عن أبي سعيد الخدري رضي الله عنه قال سمعت رسول الله صلى الله عليه و سلم يقول أعوذ بالله من الكفر والدين؛ فقال رجل يا رسول الله أتعدل الكفر بالدين قال نعم
رواه النسائي والحاكم من طريق دراج عن أبي الهيثم وقال صحيح الإسناد
Abu Sa’eed رضي الله عنهsaid, “I heard the Messenger of Allah صلى الله عليه و سلمsaying, “I seek refuge from disbelief and debt.” A man said, “Oh messenger of Allah do you equate disbelief with debt?” He replied “Yes.”
عن ابن عمر رضي الله عنهما عن النبي صلى الله عليه و سلم قال الدين راية الله في الأرض فإذا أراد الله أن يذل عبدا وضعه في عنقه
رواه الحاكم وقال صحيح على شرط مسلم
Ibn Umar رضي الله عنهnarrates that the Prophet صلى الله عليه و سلمsaid, “A debt is the flag of Allah on the land when he wishes to disgrace a slave then he places it on his neck.
عن عقبة بن عامر رضي الله عنه أنه سمع النبي صلى الله عليه و سلم يقول لا تخيفوا أنفسكم بعد أمنها
قالوا وما ذاك يا رسول الله قال الدين
رواه أحمد واللفظ له وأحد إسناديه ثقات وأبو يعلى والحاكم والبيهقي وقال الحاكم صحيح الإسناد
Uqbah bin ‘Amir رضي الله عنهnarrates that he heard the Prophet صلى الله عليه و سلمsaying, “Do not instill fear in your hearts after its security!” They said, “What is that oh Messenger of Allah?” He said, “A debt.”
If your father has exhausted all possible avenues to pay his debts but was unsuccessful, he should discuss his difficulties with his creditors. It is possible his creditors may absolve him from the full debt. That will bring some relief to your father. Shariah has also encouraged the creditors to be lenient to their debtors.
وعن أبي مسعود البدري رضي الله عنه قال قال رسول الله صلى الله عليه و سلم حوسب رجل ممن كان قبلكم فلم يوجد له من الخير شيء إلا أنه كان يخالط الناس وكان موسرا وكان يأمر غلمانه أن يتجاوزوا عن المعسر قال الله تعالى نحن أحق بذلك تجاوزوا عنه
رواه مسلم والترمذي
Abu Mas’ud رضي الله عنهsaid that the Prophet صلى الله عليه و سلمsaid, “A man from the people before you was reckoned with and no good was found from him except that he used to mix with the people and being a rich man, would order his servants that they overlook the one who was poor in paying his debts. Allah said, “We are more rightful of such an act, overlook him of his sins!”
وعن أبي هريرة رضي الله عنه قال قال رسول الله صلى الله عليه و سلم من يسر على معسريسر الله عليه في الدنيا والآخرة
رواه ابن حبان في صحيحه ورواه مسلم والترمذي وأبو داود والنسائي وابن ماجه
Abu Hurairah رضي الله عنهsaid that the Messenger of Allah صلى الله عليه و سلمsaid, “Whoever is lenient upon a poor man Allah Ta’ala will belenient with him in this world and the hereafter”
عن ابي هريرة رضي الله عنه قال قال رسول الله صلى الله عليه و سلم من أنظر معسرا أو وضع له أظله الله يوم القيامة تحت ظل عرشه يوم لا ظل إلا ظله
رواه الترمذي وقال حديث حسن صحيح
Abu Hurairah رضي الله عنهnarrates that the Messenger of Allah صلى الله عليه و سلمsaid, “Whoever is lenient on a poor man or absolves him of his debt, Allah Ta’ala will shade him on the Day of Judgment when there will be no shade except his shade.”
In principle, you are not legally responsible for your father’s debts. Nobody has a legal claim and right over you for your father in paying of his debts. However if you assist your father in paying of his debts, that will be an act of great virtue.
And Allah Ta'ala Knows Best,
Muftī Ebrahim Desai
Daruliftaa
35 Candella Rd, Durban, South Africa
www.daruliftaa.net
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