Question 283: A person who owes money to several people dies, but his total assets are not enough to cover what he owes to his creditors. What should be done?

230 13 Feb 2021
Read Answer

Answer

✅Answer: Ponder on the following narrations:

1 أَبِي عَبْدِ اللَّه قَالَ: أَوَّلُ شَيْ ءٍ يُبْدَأُ بِهِ مِن الْمَال الْكَفَنُ ثُمَّ الدَّيْنُ ثُمَّ الْوَصِيَّةُ ثُمَّ الْمِيرَاثُ

📚 Al-Kafi, vol. 7, p. 23

Imam Sadiq (peace be upon him) said: 'The first thing that is taken from the assets (of the deceased) is the shroud, then the debt, then the will, and then the inheritance.'

2 عَبْدِ اللَّه بْن الْحكَم قَالَ: سَأَلْتُ أَبَا عَبْدِ اللَّهِ عَنْ رَجُل أَفْلَسَ و عَلَيْه دَيْنٌ لِقَوْمٍ و عِنْدَ بَعْضِهِمْ رُهُونٌ وَ لَيْسَ عِنْدَ بَعْضِهِمْ فَمَاتَ و لَا يُحِيطُ مَالُهُ بِمَا عَلَيْهِ مِنَ الدَّيْنِ قَالَ يُقْسَمُ جَمِيعُ مَا خَلَّفَ مِنَ الرُّهُونِ و غَيْرِهَا علَى أَرْبَابِ الدَّيْنِ بِالْحِصَصِ

📚 Al-Faqih, vol. 3, p. 307

'Abdullah ibn Hakam said: I asked Imam Sadiq (peace be upon him): 'A man became insolvent and went bankrupt and owed money to a group of people. He had pledges and securities with some of these creditors, and with others, he had no pledge. And now he has passed away, while his total assets are not enough to cover his debts (what is the ruling)?' He said: 'All that this person left behind, from pledges and otherwise, shall be divided among the creditors according to their share and the amount of their claim.'

3 سُلَيْمَانَ بْنِ حَفْصٍ الْمَرْوَزِيِّ قَالَ: كَتَبْتُ إِلَى أَبِي الْحسن فِي رَجُل مَات وَ عَلَيْهِ دَيْنٌ و لَمْ يُخَلِّفْ شَيْئاً إِلَّا رَهْناً فِي يَدِ بَعْضِهِمْ فَلَا يَبْلُغُ ثَمَنُهُ أَكْثَرَ مِنْ مَال الْمُرْتَهِن أَيَأْخُذُ بِمَالِهِ أَوْ هُوَ و سَائِرُ الدُّيَّانِ فِيهِ شُرَكَاءُ فَكَتَبَ جَمِيعُ الدُّيَّان فِي ذَلِكَ سَوَاءٌ يَتَوَزَّعُونَهُ بَيْنَهُمْ بِالْحِصَصِ

📚 Al-Faqih, vol. 3, p. 310

Sulayman ibn Hafs said: 'I sent a letter to Imam Reza (peace be upon him) and asked: 'A person has died and has debts, and he has left behind no assets except a pledge that is in the hands of one of the creditors, and the value of that pledge is not more than the amount owed to the person holding the pledge. Should he take this pledge for his own money, or are this person and the rest of the creditors partners in this pledge?' The Imam replied: 'All the creditors are equal regarding it (and have a right to it) and they shall divide it among themselves according to their share and the amount of their claim on this deceased person.'

4 أَبِي عَبْدِ اللَّهِ قَالَ كَانَ أَمِيرُ الْمُؤْمِنِينَ يَحْبِسُ الرَّجُلَ إِذَا الْتَوَى عَلَى غُرَمَائِهِ ثُمَّ يَأْمُرُ فَيُقْسَمُ مَالُهُ بَيْنَهُمْ بِالْحِصَصِ فَإِنْ أَبَى بَاعَهُ فَيَقْسِمُهُ بَيْنَهُمْ يَعْنِي مَالَه

📚 Tahdhib, vol. 6, p. 191

Imam Sadiq (peace be upon him) said: 'Amir al-Mu'minin (peace be upon him) used to imprison a man who delayed paying his debts to his creditors, and then he would order him to divide his assets among the creditors according to their share and the amount of their claim (for him to divide it among them himself). So if he refused to do this, he would sell his assets and divide them among the creditors.'

5 عَنْ أَبِي عَبْدِ اللَّهِ أَنَّهُ سُئِلَ عَنْ رَجُلٍ كَانَتْ عِنْدَهُ مُضَارَبَةٌ وَ وَدِيعَةٌ وَ أَمْوَالُ أَيْتَامٍ و بَضَائِعُ وَ عَلَيْهِ سَلَفٌ لِقَوْمٍ فَهَلَكَ و تَرَكَ أَلْفَ دِرْهَمٍ أَوْ أَكْثَرَ مِنْ ذَلِكَ وَ الَّذِي عَلَيْهِ لِلنَّاسِ أَكْثَرُ مِمَّا تَرَكَ فَقَالَ يُقْسَمُ لِهَؤُلَاءِ الَّذِين ذَكَرْتَ كُلِّهِمْ عَلَى قَدْرِ حِصَصِهِمْ أَمْوَالُهُم

📚 Tahdhib, vol. 9, p. 166

Imam Sadiq (peace be upon him) was asked about a man who has money from Mudarabah (profit-sharing partnership), or as a deposit, or assets of orphans, or capital from others, and he also has a 'salaf' (advance payment) for a group of people, and he dies and leaves a thousand dirhams or more, but what he owes to the people is more than the inheritance and the assets he left behind. The Imam said: '(The assets left by the deceased) shall be divided among all those whom you have named, according to their share and the amount of their claim.'

✅From the sum of the above narrations, it is clear that if a person dies, the first thing that is taken from his assets is the shroud, and after that, all his debts and liabilities must be paid. Now, if the inheritance and the assets he left behind are less than the amount of his debts and the debts encompass his assets, and the creditors are more than one person, it is necessary for the assets of this deceased person to be divided among the creditors according to their share and the amount of their claim. For example, if the deceased leaves nine hundred thousand tomans and has three creditors, the first of whom is owed 800 thousand, the second one million six hundred thousand, and the third two million four hundred thousand, the first creditor should be given 150 thousand tomans, the second person 300 thousand tomans, and the third creditor 450 thousand tomans.

Debt of the deceased