Fatwa ID: 07676

Answered by Alimah Shireen Mangera-Badat

Question:

If a Muslim dies with debt, what is the meaning that his soul is suspended? Does it mean his questioning in the grave is delayed or does it have another meaning?

In the name of Allah, the Most Gracious, the Most Merciful 

Answer:

In Hanafi fiqh, the issue of dying with unpaid debts is a serious matter, and it is emphasized that debts should be settled as a priority. The concept of the soul being “suspended” due to unpaid debts is derived from various hadiths and carries significant implications.

Understanding the Concept of the Soul Being “Suspended”

The Prophet Muhammad (peace be upon him) has mentioned the importance of settling debts before passing away. One pertinent hadith is:

“نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ” (رواه الترمذي، 1078)

“The soul of the believer is suspended by his debt until it is settled on his behalf.” (Reported by Al-Tirmidhi, 1078)

Implications of the Soul Being “Suspended”

The term “suspended” (مُعَلَّقَةٌ) here implies that the soul is held back in some manner until the debt is repaid. However, scholars have interpreted this in various ways:

1. Accountability and Reward: Some scholars interpret that the soul’s entry into the full reward of the Hereafter is delayed until the debt is settled. This does not necessarily mean that the questioning in the grave (which is part of the immediate post-death process) is delayed, but rather the full enjoyment of the soul’s rewards is withheld until the debts are cleared.
2. Concern and Distress: Other scholars suggest that the soul experiences a form of distress or concern over the unpaid debt, as fulfilling financial obligations is a significant aspect of Islamic teachings.

In Hanafi fiqh, it is strongly advised to prioritize the settlement of debts, even before the distribution of inheritance. If a person passes away with outstanding debts, it is the responsibility of the heirs to settle these debts from the deceased’s estate. The estate should be used first to pay off any debts before any division among the heirs.¹

The concept of the soul being “suspended” due to unpaid debts in Hanafi fiqh primarily indicates that the full enjoyment of the soul’s rewards in the Hereafter is delayed until the debts are settled. It emphasizes the importance of fulfilling financial obligations and ensuring debts are paid off. It does not necessarily mean that the questioning in the grave is delayed but underscores the significance of debts being a serious matter that affects the deceased even after death. Therefore, it is crucial for Muslims to manage their debts diligently and ensure they are settled promptly.

Only Allah knows best.

Written by Alimah Shireen Mangera-Badat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

1

“وتقديم قضاء الدين من تركة الميت على الوصية والميراث واجب” (الدر المختار وحاشية ابن عابدين (رد المحتار), 3/186)