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DEBTOR DEFINATION

Answered according to Hanafi Fiqh by Fatwaa.com

I have a relation who was sick and has passed on. At a point during his illness he was unconscious and we the family members decided to take him to Hospital were he was admitted and eventually died.

My question is we want to know islamically who the debtor is in this case; is it the Deceased or the family members that decided to take the deceased to Hospital?

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

If there was no alternative, and the deceased had to go to that particular hospital, then he will be the debtor, and the funds can be deducted from his estate; after funeral and burial costs, and before distribution.

However, if there were alternatives, or if it was not necessary to take him to that specific hospital, then the relatives who took him there will be liable for the costs.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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