My mother died a few years ago. I have few questions on her debts
1. She had a credit card in her name , which was being used by me and not her. After her death, if there was any outstanding in that card, will it affect her maghfirat.
2. In case there are bank accounts in her name and I have withdrawn the money but have not officially closed the accounts. Now if the bank levies its annual charges and finding no money in the account makes the balance negative, will she be also held a debtor for the same.
3. There is also a trading account linked with the above account. If I have not closed the trading account and the company decides to levy a service charge and finding no balance in the account makes it negative or suspends the trading account, will this again make her a debtor.
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
It is important to understand that Islam has highly emphasized the importance for paying off one’s debts before death hinders one from doing so. In situations where one is unable to do so, other Muslims are also encouraged to extend a helping hand and help pay off these debts, especially if this involves one’s own family members. Consider the following ahādīth:
عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ
The Messenger of Allāh ﷺ said: “The believer’s soul is suspended by his debt until it is settled for him.”[1]
عَنْ سَلَمَةَ بْنِ الأَكْوَعِ رَضِيَ اللَّهُ عَنْهُ، قَالَ: كُنَّا جُلُوسًا عِنْدَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، إِذْ أُتِيَ بِجَنَازَةٍ، فَقَالُوا: صَلِّ عَلَيْهَا، فَقَالَ: «هَلْ عَلَيْهِ دَيْنٌ؟»، قَالُوا: لاَ، قَالَ: «فَهَلْ تَرَكَ شَيْئًا؟»، قَالُوا: لاَ، فَصَلَّى عَلَيْهِ، ثُمَّ أُتِيَ بِجَنَازَةٍ أُخْرَى، فَقَالُوا: يَا رَسُولَ اللَّهِ، صَلِّ عَلَيْهَا، قَالَ: «هَلْ عَلَيْهِ دَيْنٌ؟» قِيلَ: نَعَمْ، قَالَ: «فَهَلْ تَرَكَ شَيْئًا؟»، قَالُوا: ثَلاَثَةَ دَنَانِيرَ، فَصَلَّى عَلَيْهَا، ثُمَّ أُتِيَ بِالثَّالِثَةِ، فَقَالُوا: صَلِّ عَلَيْهَا، قَالَ: «هَلْ تَرَكَ شَيْئًا؟»، قَالُوا: لاَ، قَالَ: «فَهَلْ عَلَيْهِ دَيْنٌ؟»، قَالُوا: ثَلاَثَةُ دَنَانِيرَ، قَالَ: «صَلُّوا عَلَى صَاحِبِكُمْ»، قَالَ أَبُو قَتَادَةَ صَلِّ عَلَيْهِ يَا رَسُولَ اللَّهِ وَعَلَيَّ دَيْنُهُ، فَصَلَّى عَلَيْهِ
Salamah ibn al-Akwa` (radiyallāhu `anh) narrates: Once, while we were sitting in the company of Prophet, a body of a deceased was brought. The Prophet ﷺ was requested to lead the funeral prayer for the deceased. He said, “Is he in debt?” The people replied in the negative. He said, “Has he left any wealth?” They said, “No.” So, he led his funeral prayer. Another deceased was brought and the people said, “O Allah’s Messenger ﷺ! Lead his funeral prayer.” The Prophet ﷺ said, “Is he in debt?” They said, “Yes.” He said, “Has he left any wealth?” They said, ”Three Dinars.” So, he led the prayer. Then a third dead man was brought and the people said (to the Prophet ﷺ), Please lead his funeral prayer.” He said, “Has he left any wealth?” They said, “No.” He asked, “Is he in debt?” They said, (“Yes! He has to pay) three Diners.’, He (refused to pray and) said, “Then pray for your (dead) companion.” Abu Qatādah (radiyallāhu `anh) said, “O Allah’s Messenger ﷺ! Lead his funeral prayer, and I will pay his debt.” So, he led the prayer.[2]
In relation to your query, we are having difficulty in providing an answer due to insufficient details provided in your question. In order for us to advise you accordingly, we require clarification on the following:
1) In reference to question one:
a) Was the credit card shared between you and your mother or was it solely used by you?
b) Did you mother take it upon her to pay for all debts incurred on the credit card or she simply allowed you to use it on the condition that you pay your part?
c) Who was responsible for paying the credit card bill before your mother passed away?
d) Was the credit card company informed that your mother had passed away upon or soon after the date of her death?
e) Did you incur any extra debt on her credit card even after her death?
2) In relation to question two:
a) Was it an individual account or a joint account?
b) How many accounts were there and did all the monies in the accounts belong to her? Did other people also deposit their money into her account?
c) By law, upon the death of an individual, the bank is supposed to be informed about the death of the account holder so they can properly manage all debts related to the account according to the remaining estate of the deceased, which is also the rule of Sharī`ah regarding the distribution of one’s debts (i.e. they are settled before distribution between the heirs). Was the bank informed of your mother’s death promptly? Based on your query it seems that even after your mother’s death, the bank was not fully informed about the scenario and therefore was unable to follow the necessary procedures in order to secure any outstanding debts.
d) If the money belonged to your mother, then according to Sharī`ah, the money was to be used to pay off all liabilities and debts before distribution. If the money did not belong to your mother, then why was this money stored in her account? Did your mother take responsibility for all debts incurred on this account in such a case?
e) If the money belonged to your mother, then was money withdrawn from your mother’s account after her death? If it was, who withdrew it and for what purpose? As explained above, according to Sharī`ah it was supposed to be used to pay off all debts as required by the laws of individual countries as well.
3) Along with the clarifications in number two, was this trading account also under your mother’s name and how was it linked to this bank account? Who ran the trading account? How did you have access to this acount; was it shared between you and your mother?
You may forward your reply to admin@daruliftaa.net
And Allah Ta’āla Knows Best
Bilal Mohammad
Student Darul Iftaa
New Jersey, USA
Checked and Approved by,
Mufti Ebrahim Desai.