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Yahya related to me that Malik said, "I consider that if a man dies and he has not paid zakat on his property, then zakat is taken from the third of his property (from which he can make bequests), and the third is not exceeded and the zakat is given priority over bequests. In my opinion it is the same as if he had a debt, which is why I think it should be given priority over bequests." Malik continued, "This applies if the deceased has asked for the zakat to be deducted. If the deceased has not asked for it to be deducted but his family do so then that is good, but it is not binding upon them if they do not do it." Malik continued, "The sunna which we are all agreed upon is that zakat is not due from someone who inherits a debt (i.e. wealth that was owed to the deceased), or goods, or a house, or a male or female slave, until a year has elapsed over the price realised from whatever he sells (i.e. slaves or a house, which are not zakatable) or over the wealth he inherits, from the day he sold the things, or took possession of them." Malik said, "The sunna with us is that zakat does not have to be paid on wealth that is inherited until a year has elapsed over it."
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that the Prophet (saw) said: "I would not like to have (the equivalent of) Uhud in gold, then a third night comes to me and I have anything of it left, except something that I set aside to pay off a debt."
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I heard Abu Umamah Al-Bahili say: "I heard the Messenger of Allah(saw) say: 'The guarantor is responsible and the debt must be repaid.' " Hasan
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that the Messenger of Allah (saw) said: "Whoever leaves behind money, it is for his heirs, and whoever leaves behind a debt for children, I am nearer to the believers." Sahih
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The Prophet (SAW) said, "Procrastination (delay) in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree."
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The Prophet (SAW) said, "Procrastination (delay) in paying debts by a wealthy person is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree."
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Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all." Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.
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I went to the Prophet (SAW) while he was in the Mosque. (Misar thinks, that Jabir went in the forenoon.) After the Prophet (SAW) told me to pray two Rakat prayer, he repayed me the debt he owed me and gave me an extra amount.
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"The Messenger of Allah (saw) said: ' Putting up a guest for one night is obligatory. If you find a guest at your door in the morning, then this (hospitality) is (like) a debt that you (the host) owe him. If he (the guest) wants, he may request it, and if he wants, he may leave it'"
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that the Messenger of Allah (saw) that the Messenger of Allah (saw) said: "The soul of the believer is attached to his debt until it is paid off." Hasan
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